How long I can stay after L1-B Visa extension denial

[praveennk84]

Hi, I am working in US with L1-B visa. My visa and I-94 were expired in Mar 2013, however my employer had filed a petition for extension. Today my petition application status has been updated in USCIS website as Denial though I/my petitioner (employer) have not received any official decision notice from USCIS (it may take another 10 days). How long I am eligible to stay in US without accruing unlawful presence. Should I wait till I receive the official document is received and look for option to go for an appeal or should I leave the country immediately without waiting for official decision notice?

Thanks for your help in advance.

[Nattybone]

Hello, Praveen.

Sorry about your petition denial.

Ok, this is what someone i know had done when something similar happened with him. His I-94 was getting over in March 2012 and he had filed for the fresh visa in February 2012 (Premium). He received an RFE in February end and it came with a response timeline of May 2012. The RFE was responded to in May 2012 and in June 2012, this person received an Email update conveying Denial of the petition.

From the day of the email update, it took about 10 odd days for the physical notice to arrive. This person waited for the physical notice and left immediately (i think in 2-3 days after receiving the physical notice).

So, you can wait for another week or so, till you get the notice, if you want, and post which you should leave the country. Your current stay is ok, it is not unlawful as you had filed a valid petition. There is a section on the USCIS website which states that if you overstay due to a genuine visa petition (which eventually gets denied), you are ok. Once you get the Denial notice, you should not stay any longer in the USA.

Important for you now: Please retain a copy / original of this Denial notice. You will be asked about this overstay on your next entry into USA. Please explain the case to the officer at the Port of Entry and show him your Denial Notice, he will/should let you enter (It is still their discretion, but there is a provision in the system for your case which is similar to what my friend went through).

Also, you could Appeal this Denial. But, you are OUT of status now, even if your appeal is approved, you will have to leave the country and re-enter.

Hope this helps.

Cheers,

These are personal opinions. I am not a professional on immigration matters.

Hi, I am working in US with L1-B visa. My visa and I-94 were expired in Mar 2013, however my employer had filed a petition for extension. Today my petition application status has been updated in USCIS website as Denial though I/my petitioner (employer) have not received any official decision notice from USCIS (it may take another 10 days). How long I am eligible to stay in US without accruing unlawful presence. Should I wait till I receive the official document is received and look for option to go for an appeal or should I leave the country immediately without waiting for official decision notice?

Thanks for your help in advance.

[praveennk84]

Thanks very much for your response. This helps me determine my future actions.

Hello, Praveen.

Sorry about your petition denial.

Ok, this is what someone i know had done when something similar happened with him. His I-94 was getting over in March 2012 and he had filed for the fresh visa in February 2012 (Premium). He received an RFE in February end and it came with a response timeline of May 2012. The RFE was responded to in May 2012 and in June 2012, this person received an Email update conveying Denial of the petition.

From the day of the email update, it took about 10 odd days for the physical notice to arrive. This person waited for the physical notice and left immediately (i think in 2-3 days after receiving the physical notice).

So, you can wait for another week or so, till you get the notice, if you want, and post which you should leave the country. Your current stay is ok, it is not unlawful as you had filed a valid petition. There is a section on the USCIS website which states that if you overstay due to a genuine visa petition (which eventually gets denied), you are ok. Once you get the Denial notice, you should not stay any longer in the USA.

Important for you now: Please retain a copy / original of this Denial notice. You will be asked about this overstay on your next entry into USA. Please explain the case to the officer at the Port of Entry and show him your Denial Notice, he will/should let you enter (It is still their discretion, but there is a provision in the system for your case which is similar to what my friend went through).

Also, you could Appeal this Denial. But, you are OUT of status now, even if your appeal is approved, you will have to leave the country and re-enter.

Hope this helps.

Cheers,

These are personal opinions. I am not a professional on immigration matters.

[Nattybone]

Also, some times the employers keep the original of the Decline notice with them for their records. However, they have no problem giving a copy of the Decline notice to the candidate / employee.

My friend's employer was willing to provide a copy of the Decline notice. My friend took the copy of the notice and used it next time when he entered the US.

Hope this helps.

Wishing you luck.

Cheers,

Thanks very much for your response. This helps me determine my future actions.

[Santhoshkumar KB]

L1 B Visa extension Denied and 240days is almost over

Hi, I am in a situation where my visa extension was denied on Mar25 (yet to receive the official document).

My 240days period from the extension is getting over on April 2nd.
By the time the official denial documnet reaches, I will be on the 240th day.

Should I leave immeditealy or wait for the official notice and then leave?

Thank you

[raghvi]

I believe you can wait for the official notice. At the same time would advise you to stop working post the 240 days grace period even if notice not reached.

This is my opinion not legal advice.