L1B Extension

[Xinxu]

Hi,

My current L1B Visa and I-94 are getting expired on Feb/01/2013 and company is trying to do an extension using Premium processing. So my question is

Suppose incase USCIS issues a RFE and the process goes beyond Feb/01/2013 and finally denies it on say Feb/15/2013. Then whether my stay in US beyond Feb/01/2013 will be considered as illegal?

Thanks

[raghvi]

Hi,

My current L1B Visa and I-94 are getting expired on Feb/01/2013 and company is trying to do an extension using Premium processing. So my question is

Suppose incase USCIS issues a RFE and the process goes beyond Feb/01/2013 and finally denies it on say Feb/15/2013. Then whether my stay in US beyond Feb/01/2013 will be considered as illegal?

Thanks

Technically yes. Why delay filing for extension till last minute when USCIS allows one to file for extension as early as 6 Months before I-94 expiry? If at all the extension request gets rejected you should leave US as soon as possible to have as little illegal stay as possible. Nonetheless, as your extension request was pending with USCIS it may be overlooked in future visa processes if the illegal stay has not been very long.


This is my opinion not legal advice.