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Immigration Issues/Valid L1B Visa but Expired I-94



My L1B is valid till Aug 2013 but my I-94 is expired on 06 Aug 2012.

I company already applied for my I94 extension and its current status is "Request For Evidence".

I learned from posts on this forum that if my I94 extension get denied then my L1B Visa will also become invalid in that case. And if that happened, I will have to leave US and I wont be able to reenter US with existing valid visa.

To avoid this risk for getting my I94 extension denied, I decided to go India while my I94 extension process is in progress and reenter US with new I94 form. Then my company will withdraw my I94 extension application.

My question is,

Can I travel out of US since I have valid Visa but my I94 extension is in process?

If Yes then when the current I94 extension application should be withdrawn(after I reenter US with new I94 or before reentry)?

Dear Mahendra:
You do not need a valid L1B to leave United States; only thing you need is visa to the country you are travelling to and/or valid passport of your home country - if applicable.  

Regarding withdrawal - the extension process may be withdrawn upon departing with proof of departure.  

Best wishes,

Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


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LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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