Can I visit India for 2 months with an extension on I-94 and an expired L1B visa?
My L1B visa expired February 2014, and I got an extension on I-94 till January 2016. I have a new petition valid till January 2016. My son was born here in the US August 2013. My wife also has the same expiration dates. Can my son and wife travel to India for 2 months and come back? Will there be any problem in stamping in India?
Best Answer
Your extension on I-94 allows you to remain in the USA. I believe when you leave the USA, your I-94 will get an exit stamp. When you leave the USA your I-94 is over, unless it is a short-trip (up to 30 days) to Mexico, Canada or adjacent islands, in that case they will re-validate your existing I-94.
Leaving the USA for any other country, like India will result in your I-94 showing an exit stamp. When you return they will have to issue you a new one, however you will need to have a valid visa to get one.
Without a valid visa they probably won't issue you a new I-94, and on the Indian side you probably won't be allowed to board the flight.
Your son will be allowed to re-enter as he should be a USA citizen by birth (you may need documentation to prove that). Your wife will not be allowed back in without the appropriate visa.
Pictures about "Can I visit India for 2 months with an extension on I-94 and an expired L1B visa?"
Can I travel with expired I-94?
In most cases, if you stay in the U.S. after your I-94 has expired, your visa status will be considered \u201cout of status,\u201d and you will be deported immediately. Additionally, you will not be able to apply for a green card or change your status, even if you are eligible to do so.Can I travel to India with expired visa?
To put it simply, over staying in India beyond the visa date can lead to fine, an imprisonment of up to 5 years and even banishment from entering the country again. $500 penalty if overstay is for more than a period of 2 years.How long I can stay after I-94 expired?
Staying more than one year beyond the I-94 expiration date will cause the foreign national to be barred from reentering the U.S. for a period of 10 years.Can I-94 be extended without leaving US?
You can submit an application for an extension of stay by mail or you can file online using USCIS ELIS for an extension of stay before the expiration date on your Form I-94.How to renew/extend your I94. #WhenToRenewI94
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: Pixabay, Plato Terentev, Imad Clicks, Imad Clicks