If L1B get rejected , can re enter to US with my current L1B and apply for extension?

[Nicel]

Hi,
I need help on my L1B queries.
Currently am on L1B which expires on 20-March-2013, the very same day my I-94 is also getting expired. I heard that majority of L1B Extensions from US are getting rejected or being pushed to RFE. So what would be the best option for me.

1. Try L1B Extension from US itself on premium basis. If it gets rejected, then try for a new L1B Extension out side of US (Canada).
2. Try with a new L1B outside of US (Canada), if it gets rejected then come back to US before my current L1B expires and try my luck with extension.

But if i go with the second option, i want to know if my new L1B gets rejected, then can i enter back to US ? (on my current L1B and before it expires). I was told that if my new L1B gets rejected then US Officials may cancel my current L1B Visa too
(OR)
When am entering back to US, as i don't have enough days there on my current L1B (Less than 60), they won't allow me to enter, which means i cant do a extension from US.

So what would you suggest as my best gamble option?

Regds,
Nicel

[raghvi]

Hi,
I need help on my L1B queries.
Currently am on L1B which expires on 20-March-2013, the very same day my I-94 is also getting expired. I heard that majority of L1B Extensions from US are getting rejected or being pushed to RFE. So what would be the best option for me.

1. Try L1B Extension from US itself on premium basis. If it gets rejected, then try for a new L1B Extension out side of US (Canada).
2. Try with a new L1B outside of US (Canada), if it gets rejected then come back to US before my current L1B expires and try my luck with extension.

But if i go with the second option, i want to know if my new L1B gets rejected, then can i enter back to US ? (on my current L1B and before it expires). I was told that if my new L1B gets rejected then US Officials may cancel my current L1B Visa too
(OR)
When am entering back to US, as i don't have enough days there on my current L1B (Less than 60), they won't allow me to enter, which means i cant do a extension from US.

So what would you suggest as my best gamble option?

Regds,
Nicel

I-94 decides your lawful status while in US, the Visa expiration date decides till which date you can enter US.

There are two different things here. Extension of stay in US is different and extension of ones visa is a different thing. What one can apply while in US is an extension of stay/status request which is done though filing of I539, that is , you are requesting an extension of the I-94. If extension of stay is required for L1/H1 it also involves filing of I129. An approval of this extension only allows you to have an extended lawful status while in US , in your case if approved it would allow you to continue and work in US beyond 20-March-2013. But it would still not entitle you to freely come in and out of US after 20-March -2013.

In order for you to leave US and re enter US after 20-March-2013, you would still need to go through the regular visa stamping process at a US consulate outside US irrespective whether your stay extension was approved while in US or not.

To answer your questions
1. You can try L1B extension in premium while in US and if for some reason it gets rejected , you anyhow have to either leave US before 20-Mar-2013 or Change your Status to some other Visa. If you decide to file a new L1B from Canada you certainly can but there is higher chance of rejection as yoru extension approval request was initially cancelled while in US and same reason can be used to reject your new L1B too. The bigger risk with this is that sometimes the VO officer at the consulates cancel the existing visas before deciding on the new one, so if they cancel your existing visa you wont be able to re enter US and would either get stuck in Canada or would have to proceed to your home country form there.

2. Same thing as above, only thing is you are trying it in reverse. If for some reason they deny you a new L1B but don't cancel your existing L1B you can enter US till 20-Mar-2013 but the I-94 that you get while returning cannot be predicted. If they issue you an I-94 only till 20-March-2013 then you can file I-94 extension request, but in most likelihood it will get denied as they have already denied you a new L1B, thereby you end up needing to leave US by 20-March-2013.

The case will more risky if for some reason you are in Canada, and they put your L1B in RFE stage, you never know how much time it will take and you may end up waiting in Canada or eventually take a call to leave Canada to head back to your home country from there....

I would suggest you go ahead and file L1B extension request in premium while in US, if denied, leave US before 20-March-2013, and based on the reason for denial, file visa such as L1 again with more documentation or H1 while outside US.

This is my opinion not legal advice.