Pending Work Visa Extension: Up to 240 Days of Continued Work After I-94 Expiration
This article addresses status and work questions for a pending L-1 extension when the I-94 is about to expire: with a timely filed extension, work may continue for up to 240 days after the I-94 expires, and the person may remain in the U.S. awaiting a decision; it also notes that switching back to L-1 status is complex and should be discussed with company legal counsel or an attorney.
A reader asked: "I am currently applying for an L1 extension, but it has not yet been approved, and my I-94 will expire in mid-September. Once the I-94 expires, that would be overstay—will my previous B1/B2 visa also automatically become invalid? Or will only the L1 visa automatically become invalid? If I change status to B1/B2 before the I-94 expires, then once the L1 extension is approved, can I still change back to L1 status within the United States?"
A Complicated Question
First, for work visas—including L-1A/B, H-1B, and even J-1—as long as an extension application is timely filed before the status expires and USCIS does not adjudicate it in time, the person may continue working after the I-94 expires for up to 240 days [link]. After the pandemic began this year, Chinese-language online claims circulated that "tourist, student, and other nonimmigrant visas can be extended for up to 240 days"; this is in fact a misreading of that provision, see {https://gonglue.us/58186}.
Second, as long as an extension application is timely filed before the status expires, the person may remain in the United States throughout the pendency of the case to await the decision, see {https://gonglue.us/14973}. For work visas, if more than 240 days have passed since the I-94 expired, the only consequence is that the person can no longer work; they may still remain in the United States awaiting USCIS's decision.
Third, changing to L-1 status is quite complex and may not be possible; even if it is, it requires the employer to act, and the individual cannot do it themselves. Such matters should be discussed with the company's legal department or an attorney, who are most familiar with all the details of your case; general advice online is often of little use and may even be misleading.
Can Nonimmigrant Visas Be Extended 240 Days During the Pandemic?
[https://gonglue.us/58186]
The 60-Day Grace Period for L/H Visas
[https://gonglue.us/20922]
The 60/30-Day Grace Period for J/F/M Status
[https://gonglue.us/27928]
