Important H-1B Update: The filing period for applicants selected in the FY2023 lottery begins April 1.
Litwin & Smith has a long history of success guiding businesses through the filing process. Please contact us today for a free 10-minute H-1B consultation.

Important H-1B Update: The filing period for applicants selected in the FY2023 lottery begins April 1. Litwin & Smith has a long history of success guiding businesses through the filing process. Please contact us today for a free 10-minute consultation.

Blanket L Admission Different than I-129S and L Visa Blanket L Petition expires before I-129S and i94

Blanket L Admission Different than I-129S and L Visa Blanket L Petition expires before I-129S and i94

I’m on L1-B under a blanket petition that expires on October 2017. My I-129S was approved until March 2019 as well as my i94. Can I work and stay legally until 2019? Or should I leave USA before October and get a new VISA?

I-797 Blanket Petition Expires October 217
VISA stamp expires 2021 (still a note says I797 Blanket PED October 2017)
I-129S Approved at consulate until March 2019
I94 Expiration March 2019.

CBP consistently takes the position that notwithstanding an approved nonimmigrant petition from USCIS and/or a visa issued by State, CBP has the ultimate authority to determine whether the alien is qualified for the nonimmigrant classification sought, is admissible, and if so, for how long. Based on this position, the CBP-issued I-94 should have legal precedence over all other documents and its expiration date should govern the status and employment authorization of a blanket L worker. This proposition is supported by the fact that employers completing Forms I-9, Employment Eligibility Verification, are instructed that a foreign passport and Form I-94 may be used to verify identity and employment eligibility.

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