L1-B Visa Extension in RFE

[rinkesh.b]

Hi

My I-94 got expired on 28-Sep-2012 and I applied for L1-B Extension which is now in RFE status. I have few queries related to this:-

1. If I travel back to india, Will my application be withdrawn and my status will be illegal?
2. Should I wait till decision? If denied then will my stay be legal till the day of denial?
3. Can I apply for Fresh visa after denial from India? Or will Ban period apply to me? Will it impact my H1 filing for next year?

Please reply ASAP.

Thanks

[raghvi]

Hi

My I-94 got expired on 28-Sep-2012 and I applied for L1-B Extension which is now in RFE status. I have few queries related to this:-

1. If I travel back to india, Will my application be withdrawn and my status will be illegal?
2. Should I wait till decision? If denied then will my stay be legal till the day of denial?
3. Can I apply for Fresh visa after denial from India? Or will Ban period apply to me? Will it impact my H1 filing for next year?

Please reply ASAP.

Thanks

1. Yes. Once you leave US, the request for extension doesnt hold any meaning as Extension was requested for stay. And since you left before having a valid approval for your stay from 28-Sep-2012 till the date you leave US , the period, from 29-Sep-2012 till the date your leave, will be considered out of status and illegal as you neither had a visa nor an I-94 for this period.
2. To reduce illegal/out of status stay and to get decision quicker upgrade to premium and get result within 15 days and even if denied , at later point , if questioned about your overstay, you can say that you were awaiting the result of the extension request with RFe proof, and premium receipt etc.
3. If you apply for L1B again from India, in most likelihood it will go through the same RFE process again. As for H1, if you never had an H1 in last 6 years you can apply only in April 2013, and the start date of H1 will be only on or after 01-Oct-2013. Also, your L1 extension RFE/denial/abandonment may not directly impact the H1. In most of the cases I have seen, and it spurely my opinion, if the overstay was not substantial, i.e. max a month or two then a new H1 doesnt pose much problem, in some very rare cases the H1 was denied for L1 visa abuse it also depends on the documentation for H1.

This is my opinion not legal advice.