L1 B to L1 A conversion and options after USCIS denial (PLEASE HELP)

[anamika123421]

Here are some facts :
First time L1-B visa Oct-07
Actual entry Feb-08
I 94 expiry Oct-10
US departure date Sep-10
Got L1- B extension from India Oct-10
L1 B expiry date 18th Feb 2013
I 94 Expiry date 18th Feb 2013
L1 B to L1 A conversion filing date 20th Dec 2012
RFE date 12th Jan 2013

I am sure that when my company immigration lawyer answers RFE, It will be beyond my current I94 expiry date. I was told that the individual can stay in the US for a maximum period of 240 days from the date of expiry of I-94, if the petition for I-94 extension has been filed with the USCIS and the same is pending with USCIS for decision.
If after RFE response, USCIS denies my petition and the denial date is after my I94 expiry date, then below documented are my queries :

> How soon I have to leave US keeping in mind that it won't be possible to leave US overnight ?
> I heard on internet that If peition has been denied then time from I94 expiry date till date of departure will be marked as overstay in my record. is it true ? I thought it should be from Date of denial till date of departure will be used as overstay as you can stay legally for max 240 days if your petition is pending with USCIS ? Please clarify.
> As per USCIS guidelines/laws, What are the consequences of overstay period on my future visa applications ?
> what is the time frame within my company can appeal and can i stay in US during that appeal period ?
> Are there any other options I can avail in denial cases ?

Please let me kow if any other information is needed to answer my queries.
Appreciate your help !
Thanks
Anamika

[raghvi]

Here are some facts :
First time L1-B visa Oct-07
Actual entry Feb-08
I 94 expiry Oct-10
US departure date Sep-10
Got L1- B extension from India Oct-10
L1 B expiry date 18th Feb 2013
I 94 Expiry date 18th Feb 2013
L1 B to L1 A conversion filing date 20th Dec 2012
RFE date 12th Jan 2013

I am sure that when my company immigration lawyer answers RFE, It will be beyond my current I94 expiry date. I was told that the individual can stay in the US for a maximum period of 240 days from the date of expiry of I-94, if the petition for I-94 extension has been filed with the USCIS and the same is pending with USCIS for decision.
If after RFE response, USCIS denies my petition and the denial date is after my I94 expiry date, then below documented are my queries :

> How soon I have to leave US keeping in mind that it won't be possible to leave US overnight ?
> I heard on internet that If peition has been denied then time from I94 expiry date till date of departure will be marked as overstay in my record. is it true ? I thought it should be from Date of denial till date of departure will be used as overstay as you can stay legally for max 240 days if your petition is pending with USCIS ? Please clarify.
> As per USCIS guidelines/laws, What are the consequences of overstay period on my future visa applications ?
> what is the time frame within my company can appeal and can i stay in US during that appeal period ?
> Are there any other options I can avail in denial cases ?

Please let me kow if any other information is needed to answer my queries.
Appreciate your help !
Thanks
Anamika

This is what USCIS says :

What if I file for an extension of stay on time but USCIS doesn't make a decision before my I–94 expires?

Your lawful nonimmigrant status ends, and you are out of status,when your Form I-94 expires, even if you have timely applied to extend your nonimmigrant status. Generally, as a matter of discretion, USCIS will defer any removal proceedings until after the petition is adjudicated and USCIS decides your extension of nonimmigrant status request. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for extension of status pending.Even though you are not actually in a lawful nonimmigrant status, you do not accrue “unlawful presence” for purposes of inadmissibility under section 212(a)(9)(B) of the Act, while your extension of status application is pending if it was filed prior to the expiration of your Form I-94.Although you are out of status, you may be permitted, depending on your classification, to continue your previously authorized employment for a maximum period of 240 days while your extension application is pending if USCIS receives your application before your Form I-94 expires, and you have not violated the terms of your nonimmigrant status. You may be required to stop working,immediately, when the first of the following events occurs:
• 240 days elapses from the date your I-94 expires; or
• USCIS has made a final decision denying your extension application.
If your application is approved, the approval will relate back to the date your Form I-94 expired, and your status during the pendency of your application will then be considered to have been lawful. If your application is denied, you may be required to cease employment and depart the United States immediately.
In addition, any nonimmigrant visa in your passport granted in connection with your classification becomes void. Once your visa is void, you must submit any new visa application at a U.S. consulate in your home country (not a third country, except in rare instances as determined by the U.S. Department of State).



Generally in the denial letter they will state by when you have to leave. In normal terms its around 10 days - 2 weeks. I think the company can appeal in 30 Days , keep in mind a decision on appeal can take 1-2 Years. At the same time a pending appeal does not grant you lawful status. After 240 Days of your I-94 expiry you have to stop working irrespective of the case status. Also, a long out of status period can damage your chances of getting future visas. Also, why not upgrade to premium to get a decision faster and minimize the out of status period ,if COS rejected?




This is my opinion not legal advice.

[anamika123421]

Thanks Sir for quick response !

For my clear understanding :

If USCIS rejects my petition on date which is after my i-94 date and I leave US within 7 days of the reject notification date.
Will that 7 days accure to my unlawful presence days because pending decision time will not be accured to that as per under section 212(a)(9)(B) of the Act ?
Will there be any consequence of these 7 days on my future visa applications ?

and If my company decided to appeal then I would not stay in america. That's my plan !

I wanted to prepare myself for the worst case. If you have already answered these questions, request you to please confirm that for my clear understanding.

Thanks
Anamika

[raghvi]

Thanks Sir for quick response !

For my clear understanding :

If USCIS rejects my petition on date which is after my i-94 date and I leave US within 7 days of the reject notification date.
Will that 7 days accure to my unlawful presence days because pending decision time will not be accured to that as per under section 212(a)(9)(B) of the Act ?
Will there be any consequence of these 7 days on my future visa applications ?

and If my company decided to appeal then I would not stay in america. That's my plan !

I wanted to prepare myself for the worst case. If you have already answered these questions, request you to please confirm that for my clear understanding.

Thanks
Anamika

Leaving 7 days after getting denial should not typically put you in an unfavorable position in terms of future visas. But if you get a strict VO you may be questioned around it. Section 212(a)(9)(B) is typically for barring people form entering US for 3 Years OR 10 Years who have purposefully been out of status/illegal without applying extension in time for 180 Days-365 Days, 365 days or beyond I-94 expiry respectively.

In My opinion if you dont get response on your RFE by 01-Feb-2013 you should upgrade to premium rather than waiting beyond your I-94 expiry date. Sometimes USCIS might take very long time and you might end up not getting any response way beyond your I-94 expiry date.

This is my opinion not legal advice.

[anamika123421]

Sir,

I checked with my company and immigration lawyer told me that receiving RFE mail from USCIS, getting my response, lawyer team review and filing RFE response will take around 4-6 weeks. I have received RFE status change on USCIS on 12th Jan 2013 and Still I didn't receive RFE questions. Therefore, keeping this time frame, RFE will be filed only after my I94 expiry date. In such case, here are the follow up queries :

> Can my company withdraw my application from USCIS as i am scared to live beyond i94 date and my application got denied later. All those time will be counted as out of status and potential impact on my future applications.

> If my company withdraws the application will there be any full refund or partial amount of application fees. if partial, then how much ?

Thanks
Anamika

[raghvi]

Sir,

I checked with my company and immigration lawyer told me that receiving RFE mail from USCIS, getting my response, lawyer team review and filing RFE response will take around 4-6 weeks. I have received RFE status change on USCIS on 12th Jan 2013 and Still I didn't receive RFE questions. Therefore, keeping this time frame, RFE will be filed only after my I94 expiry date. In such case, here are the follow up queries :

> Can my company withdraw my application from USCIS as i am scared to live beyond i94 date and my application got denied later. All those time will be counted as out of status and potential impact on my future applications.

> If my company withdraws the application will there be any full refund or partial amount of application fees. if partial, then how much ?

Thanks
Anamika

4-6 Weeks for RFE response seems a bit too much when you are in a time crunch.

Nonetheless, I would still suggest you respond to RFE but at the same time upgrade to premium rather than withdrawing the application in anticipation of a denial. Though best avoided, it should be fine to stay a few weeks after I-94 expiry while awaiting USCIS decision.

I dont think there is any refund if application withdrawn.

This is my opinion not legal advice.

[anamika123421]

Sir,

For some personal reasons, I decided to withdraw the application and will file from India after some time.

Facts :
I 94 Expiry date 18th Feb 2013
Since 12th Jan 2013, my application status is RFE on USCIS website.

Here are my follow up queries:

> What is the withdrawn process ?
> How much time it will take ?
> Do I have to be in US till withdrawn process is over ?
> I am planning to go to India on 3rd Feb 2013. Can I fly without withdrawing my application ? If yes, then what will happen to my application ?

As always, Appreciate your help !

Thanks
Anamika

[anamika123421]

I want to depart US before my I-94 expiry date. My company immigration process is too slow. Can I depart US before I-94 expired and after that my company would file withdrawal for my application ?

As always, Appreciate your help !

Thanks
Anamika .