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  • L1 VISA Extension RFE

    Hello,

    My VISA and I-94 already expired back in April 2013. Before Expiry, L1 VISA Extension was applied which has resulted in an RFE.

    Since L1 VISA Extensions are getting denied Big time nowadays, is it preferable to withdraw the L1 Extension (not allowing chance for denial), return back to India and applying for a New L1 Blanket or L1 Individual Petiotion(s). What are the chances of getting Approval ?

    OR

    Suppose, we I do decide to go ahead with RFE Response (instead of Withdrawal), get denied and go back to India. Can I apply for Blanket L or Individual L Petitions right away or Is there any waiting period applicable (due to L1 Extension Denial) ? What are the chaces of getting approval in this case (given that L1 Extension has already been denied once) ?

    Please advise. Thanks for your help in advance.

    Regards,
    K

  • #2
    L1 Visa applications are also receiving more scrutiny and there is a higher likelihood of denial these days, especially for blanket petitions. Petition denial will not affect your subsequent Visa application.
    This is my opinion and not legal advice.

    Comment


    • #3
      In addition, there is no benefit of withdrawing the L1 extension request as it will directly make you out of status from I-94 expiry till the withdrawal request. Technically if you have applied for extension before your I-94 expiry day you can stay up to 240 Days from your I-94 expiry date unless USCIS makes a decision before that but if the extension is denied, the period from I-94 date expiry till denial is considered out of status period.

      Also, if you decide to leave, the time gap till the next visa depends upon how long you have already stayed in US.

      This is my opinion not legal advice.

      Comment


      • #4
        L1B Visa Extension Queries

        Hi All,

        My L1B is going to expire on 19-Jul-2013 and I-94 is going to expire on 6-Nov-2013 and my company will file my extension on 1st Nov-2013.

        I have below queries
        1) After file extension, in how many days usually RFE will come, if there is any RFE? Wht's the reason for RFE
        2) If I have 3 months time to reply to RFE then e.g I am replying after 2 months 20 days means 10 days before submission time then again minimum how much time USCIS can take for final decision?
        3) What's things need to keep in mind before sending all documents so that extension approved without RFE.
        4) Also I have specialization in SAS technology. I did Base/Advance SAS certification in 2007 and 2008. Will it help for me during extension?
        5) Anyone L1B extension approved recently?

        Please reply me so that I can proceed accordingly.

        Comment


        • #5
          Originally posted by amitnoida View Post
          Hi All,

          My L1B is going to expire on 19-Jul-2013 and I-94 is going to expire on 6-Nov-2013 and my company will file my extension on 1st Nov-2013.

          I have below queries
          1) After file extension, in how many days usually RFE will come, if there is any RFE? Wht's the reason for RFE
          2) If I have 3 months time to reply to RFE then e.g I am replying after 2 months 20 days means 10 days before submission time then again minimum how much time USCIS can take for final decision?
          3) What's things need to keep in mind before sending all documents so that extension approved without RFE.
          4) Also I have specialization in SAS technology. I did Base/Advance SAS certification in 2007 and 2008. Will it help for me during extension?
          5) Anyone L1B extension approved recently?

          Please reply me so that I can proceed accordingly.
          Please open a new thread istead of hijacking an exisiting one.

          First of all applying so close to I-94 expiry is not the right thing to do. When USCIS allows you to file for etension that too in premium upto 6 Months ahead of I-94 expiring why wait till last moment to do so?
          Remember, if your extension request is denied, then all time spent after I-94 expiry is considered illegal from immigration point of view and may be questioned in subsequent petitions.

          1. No one can predict the outcome and how much time it takes for an RFE. RFE reason can be numerous too such as evidence of specialized skill sets, employer-client-employee relations, employer relation to foreign entity, etc.
          2. Unless applied in premium there is no time bound response from USCIS so it can take weeks or months too. Rememeber, if it ultimately results in a rejection, all time spent by you in US after I-94 expiry is considered illegal. Also, you cannot work after 240 Days of your I-94 expiry, even if extension has been applied before I-94 expiry.
          3. Amongst the usual set of documents listed at https://www.immihelp.com/l1-visa-stamping-documents/, If one is applying for L1 B extension ones skill sets needs to be unique and strong evidences have to be submitted for the same.
          4. There are over 50,000 SAS Global Certified Professionals around the world so you would need to provide more strong evidence than just certifications.
          5. There have been successful cases.

          This is my opinion not legal advice.

          Comment


          • #6
            Please open a new thread istead of hijacking an exisiting one.

            Comment


            • #7
              Created new thread

              Hi,

              I am so sorry to use existing thread. Yesterday, first time I used this site and was not aware from where I have to create new thread.

              Today, I created new thread after exploring more options.

              Thanks

              Comment


              • #8
                Hi Karthik, so what happened finally? I have similar case.

                Hi Karthik, so what happened finally? I have similar case. Going back to india this week as extension denied so I94 expired by 114 days. Not sure should I give a try to apply from India?

                Originally posted by karthik.ilangovan View Post
                Hello,

                My VISA and I-94 already expired back in April 2013. Before Expiry, L1 VISA Extension was applied which has resulted in an RFE.

                Since L1 VISA Extensions are getting denied Big time nowadays, is it preferable to withdraw the L1 Extension (not allowing chance for denial), return back to India and applying for a New L1 Blanket or L1 Individual Petiotion(s). What are the chances of getting Approval ?

                OR

                Suppose, we I do decide to go ahead with RFE Response (instead of Withdrawal), get denied and go back to India. Can I apply for Blanket L or Individual L Petitions right away or Is there any waiting period applicable (due to L1 Extension Denial) ? What are the chaces of getting approval in this case (given that L1 Extension has already been denied once) ?

                Please advise. Thanks for your help in advance.

                Regards,
                K

                Comment


                • #9
                  Hi Karthik, so what happened finally? I have similar case.

                  - - - Updated - - -

                  Hi Karthik, so what happened finally? I have similar case.

                  Comment

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