L1 visa extension

[vani_priyarao]

my husband is on L1 visa..
his visa has expired this march 2005 and his I-94 is upto jan 23rd 2006..
when is the right time for applying for his extension???
is it necessary for us to go
india to get the satamping done
even if we aplly for the visa ext over here...

[vvarahagiri]

Even if the L1 visa expires your husband can stay in US legally until his I-94 expires. He can apply for his extension any time. But you will need to leave the country to get the visa extension and stmaping. I think you can go to canada also to get the visa extended. if you are planning to go to India please make sure you take the appointment before hand because of the heavy rush at the counsulates. My L1 visa expired in December 2003 but since my I-94 was valid until Nov 2005 I stayed in US until Dec 2004. I went to India on a vacation and then got the visa extended and re-entered US again with a new I-94. So Visa expiry is not an issue as long as you hold a valid I-94.