Legal Question in Immigration Law in California

L2 Visa - Please help!

Hello

I am on an L1 visa in the United States. My wife joined me last year on an L2 visa. For both of us, the I94 expiry date is December 11th, 2003 (our visa expired in June 2003).

My company filed for a visa extension for both of us in July 2003. My L1 approval came through in August but the INS sent my wife's approval with a (wrong) classification of H-4 (instaed of L2) in October. My company people realized this pretty late and shall be filing for a correction now. My questions are:

1) If an alien applies for an extension/correction before his/her I-94 expires, for how many days can he/she legally stay in the US?

2) Would my wife have face potential problems when she visits the US next time if she overstays after her I94 expiry (even thpugh she has applied for an extension/correction)

I'd appreciate a respons efor anyone who might have an answer.

Thanks


Asked on 11/19/03, 9:24 pm

1 Answer from Attorneys
Giuseppe (Joe) Scagliarini Law Offices of Giuseppe Scagliarini

Re: L2 Visa - Please help!

As long as your wife files timely, and her petition is approved, she should not have problems.

The subsequent approval would "piggyback" to the date her current I-94 expires, or more precisely to the date the wrong I-94 was issued. However, should her petition be denied for any reason, she would be found to have overstayed, with potentially adverse consequences.

My advice would be to make sure you file as soon as possible and to do it right.

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Answered on 11/20/03, 12:19 am


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