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Immigration Issues/I94 Expiration/ Extension of Stay

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Question
7/11/2008
Hi Ramasamy:
We currently hold an E2 visa that is valid up to 2011.  Two months before my I94 expiry, my employer submitted an application for extension to USCIS. The document was received last February 24 and until now the case is still on pending. Since I am the principal holder to my family’s visa, can I apply their I94 extension/ renewal even though USCIS decision to my application is still on pending? Their I94 will expire this 4th of August…… what if they will exit US, can they come back safely without having any risk? What’s your best solution?
Thanks.
FT


Answer
Fritz,
Generally you file for your family's extension concurrently with your E-2 extension. Since their I-94 is still valid I suggest that you immediately go ahead and file for their extension also even though your application is still pending. Doing so will elimnate the need for them to leave the country.

If they wish to leave the country they can certainly do so. And reenter the US after your case has been approved provided they have a valid visa.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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