RFE Received on L1-B extension

[amungrey]

Hi All,

I am on L1-B Visa and my I94 and Visa Expired on December 9 2012. My employer waited till the last minute and filled the extension around 7th December 2012. I received the RFE and filled for it on 5th March 2013. My attorney says that i will get a decision within a month. I am nervous hearing many rejections for L1-B extensions. Can anyone guide me on the below questions:

1. If my L1-B extension gets rejected, how many days can i stay in the US? Is it 180 days from the I94 expiration days or from the date of denial?
2. My employer is filling for the H1-B this year and i dont want to stay too long if it gets rejected as it will hamper my H1-B chances.

I am really nervous as i need sufficient time to sell of my car, household things, give 30 days of notice to my apartment office, etc.

Please provide as much information as you can.

Warm regards,
Akshay

[raghvi]

Hi All,

I am on L1-B Visa and my I94 and Visa Expired on December 9 2012. My employer waited till the last minute and filled the extension around 7th December 2012. I received the RFE and filled for it on 5th March 2013. My attorney says that i will get a decision within a month. I am nervous hearing many rejections for L1-B extensions. Can anyone guide me on the below questions:

1. If my L1-B extension gets rejected, how many days can i stay in the US? Is it 180 days from the I94 expiration days or from the date of denial?
2. My employer is filling for the H1-B this year and i dont want to stay too long if it gets rejected as it will hamper my H1-B chances.

I am really nervous as i need sufficient time to sell of my car, household things, give 30 days of notice to my apartment office, etc.

Please provide as much information as you can.

Warm regards,
Akshay

1. As your I-94 has already expired, if L1 extension request gets rejected you should leave immediately. A stay of week or so might be acceptable but not beyond.
2. If it is fresh H1, it will be active only from 01-Oct-2013, so if your L1 extension request is rejected best to leave immediately in order to not accumulate illegal presence.

In case of rejection , unfortunately, USCIS doesnt provide 30 days lead time to sell personal stuff or give apartment notice. This is the risk one takes when filing extension request at the last moment.

This is my opinion not legal advice.