l1b extension - RFE

[ramkrishna322]

My visa and I94 expired on 02/28. Filed for extension on 01/07 just received RFE. Before responding to RFE

- Since there are more rejections i am thinking to go India now and apply for L1A from there. What will happen to my extension here if i don't respond to RFE? is there any way i can withdrawn and parallel will travel to India?
-Do they still consider my stay illegal after 02/28 ?
- is it a good decision dropping now from the extension?

Appreciate your help .

[raghvi]

My visa and I94 expired on 02/28. Filed for extension on 01/07 just received RFE. Before responding to RFE

- Since there are more rejections i am thinking to go India now and apply for L1A from there. What will happen to my extension here if i don't respond to RFE? is there any way i can withdrawn and parallel will travel to India?
-Do they still consider my stay illegal after 02/28 ?
- is it a good decision dropping now from the extension?

Appreciate your help .

-Your extension request will automatically be considered abandoned if you leave US.
-Yes they will still consider the period from 02/28 till the time you leave as out of status period.
-Its a personal choice. Technically you can stay upto 240 Days after I-94 expiry if USCIS doesnt take a decision on your request if your extension request is filed before your I-94 date. But at the same time you are technically out of status since 02/28 and DHS may initiate removal proceeding against you, even if you have an application for extension of status pending.

Also if you go for stamping, you dont know if the L1A stamping will go for success. If they put your application in admin processing you will be stuck in India. So advisable to discuss with your employer and immigration lawyer on the optimum course of action.

This is my opinion not legal advice.