Very Urgent Advise Needed: i94 expires in Apr, got RFE on L1B Ext

[Rajat Chauhan]

Please advise.

Problem:
========

+ i-94 expires in Mid-Apr, L1B valid till July (also have a B1/B2)
+ Got RFE on L1B-ext on - current specialized profile, previous specialized profile, proof that I have the specialized knowledge
+ PERM still to be processed (filed in Sep 2013)
+ H1b application to be filed in Apr2014
+ Working in SP supporting technology as Customer Support Engineer with Cisco (High end XR platforms)

Options:
========

1. Option One

We would respond to it under regular processing. Once USCIS receives the RFE response, it would take about 1-2 months to get a decision.
Because our (me and my wife) status expires after mid-Apr, USCIS’ regular response time may cut close to the expiry date. If the extension is denied, then we would have to depart the U.S. by Apr and apply for a blanket L-1 visa application at a U.S. Consulate overseas.
o As for which U.S. Consulate to visit, i'm required to hold a Canadian tourist visa in order to enter Canada. So there is additional government processing time involved with the Canadian immigration authority before departing the U.S.


2. Option Two
We would respond to the RFE requesting premium processing. USCIS charges $1,225 for the premium processing service.
The benefit of converting to premium processing is that we would know the decision from USCIS within 15 calendar days after we file the RFE response. Premium processing helps better manage our departure from the U.S. before Apr if the extension is denied.

3. Option Three

Rather than responding to the RFE, we would withdraw the L-1B extension filing and submit a blanket L-1 visa application at a U.S. Consulate overseas.
· In theory, the benefit is that there wouldn’t be a “cloud” over my visa application at the U.S. Consulate because there isn’t a previous adverse decision made on my L-1B.
· If I'm successful in securing a new L-1B visa and able to return to the U.S. before mid-Apr (i.e., also my wife’s L-2 expiry date), we would file an L-2 extension with USCIS for her based on my new I-94 record obtained from trip back to the U.S. The L-2 extension would take care of her L-2 status after Apr.
· However, if there is a delay in getting the blanket L-1 visa application processed at the U.S. Consulate and I'm unable to return to the U.S. before mid-Apr, my wife would have to depart the U.S. by Apr to join me overseas.

4. Option Four

Continue with Premium processing of RFE, apply for Canada workvisa in parallel for backup.
In adverse case of RFE rejection, i can work and stay in Canada and apply for L1/H1 again from there in 6months-1year. This would be an attempt to avoid going back to india and continue earning in $ (CSD,USD ultimately that's the motive)

Please explain what option seems best and why along with backups.

Thanks a lot

[raghvi]

Please advise.

Problem:
========

+ i-94 expires in Mid-Apr, L1B valid till July (also have a B1/B2)
+ Got RFE on L1B-ext on - current specialized profile, previous specialized profile, proof that I have the specialized knowledge
+ PERM still to be processed (filed in Sep 2013)
+ H1b application to be filed in Apr2014
+ Working in SP supporting technology as Customer Support Engineer with Cisco (High end XR platforms)

Options:
========

1. Option One

We would respond to it under regular processing. Once USCIS receives the RFE response, it would take about 1-2 months to get a decision.
Because our (me and my wife) status expires after mid-Apr, USCIS’ regular response time may cut close to the expiry date. If the extension is denied, then we would have to depart the U.S. by Apr and apply for a blanket L-1 visa application at a U.S. Consulate overseas.
o As for which U.S. Consulate to visit, i'm required to hold a Canadian tourist visa in order to enter Canada. So there is additional government processing time involved with the Canadian immigration authority before departing the U.S.


2. Option Two
We would respond to the RFE requesting premium processing. USCIS charges $1,225 for the premium processing service.
The benefit of converting to premium processing is that we would know the decision from USCIS within 15 calendar days after we file the RFE response. Premium processing helps better manage our departure from the U.S. before Apr if the extension is denied.

3. Option Three

Rather than responding to the RFE, we would withdraw the L-1B extension filing and submit a blanket L-1 visa application at a U.S. Consulate overseas.
· In theory, the benefit is that there wouldn’t be a “cloud” over my visa application at the U.S. Consulate because there isn’t a previous adverse decision made on my L-1B.
· If I'm successful in securing a new L-1B visa and able to return to the U.S. before mid-Apr (i.e., also my wife’s L-2 expiry date), we would file an L-2 extension with USCIS for her based on my new I-94 record obtained from trip back to the U.S. The L-2 extension would take care of her L-2 status after Apr.
· However, if there is a delay in getting the blanket L-1 visa application processed at the U.S. Consulate and I'm unable to return to the U.S. before mid-Apr, my wife would have to depart the U.S. by Apr to join me overseas.

4. Option Four

Continue with Premium processing of RFE, apply for Canada workvisa in parallel for backup.
In adverse case of RFE rejection, i can work and stay in Canada and apply for L1/H1 again from there in 6months-1year. This would be an attempt to avoid going back to india and continue earning in $ (CSD,USD ultimately that's the motive)

Please explain what option seems best and why along with backups.

Thanks a lot

Wondering why your I-94 is expiring when visa is valid till July. How long have you been in US on L1 visa?

I would say a mix of option 1 and 4. Respond to RFE in normal processing mode and parallel Canadian Work Permit, and also H1 application in April. In that case, even if extension rejected, you would get some clarity on being able to work in Canada. If neither extension nor Canadian work permit works out before your I-94 expiry, of course you will have to go back to your home country. New H1, if approved. can start only from 01-Oct-2014 or later. Of course, the company should be willing to pay for all the three processes and associated legal costs.

This is my opinion not legal advice.

New

[Rajat Chauhan]

Wondering why your I-94 is expiring when visa is valid till July. How long have you been in US on L1 visa?

- 'cos my old passport was valid till Apr 2014 but got visa till July. Got a new passport here but i94 is still based on previous one.

I would say a mix of option 1 and 4. Respond to RFE in normal processing mode and parallel Canadian Work Permit, and also H1 application in April. In that case, even if extension rejected, you would get some clarity on being able to work in Canada. If neither extension nor Canadian work permit works out before your I-94 expiry, of course you will have to go back to your home country. New H1, if approved. can start only from 01-Oct-2014 or later. Of course, the company should be willing to pay for all the three processes and associated legal costs.

- i think you're avoiding premium due to cost, but my company would be able to fund it most likely.

This is my opinion not legal advice.

New

Thanks much

[raghvi]

You could have tried getting an extended I-94 based on your new passport and probably got a new I-94 till July.

Also, I am not suggesting a cost benefit by not applying in premium, by applying in normal processing you would get much longer time to plan out. If you upgrade to premium, the decision , if negative can come as soon as Feb end which wouldn't give you much time to reach anywhere with respect to Canada Work Permit. A Canadian work permit can take 3-6 Months.

Had you applied extension request in April 2014 under normal processing, you would have got RFE somewhere in May 2014, and responded to RFE in normal processing and got , worst case, a rejection in June/July 2014. In parallel, a Canadian Work Permit could have been processed between Jan - Jun/Jul 2014. By applying extension request in much before April 2014, you already lost 3-4 Months of legal stay allowed.

This is my opinion not legal advice.

[Rajat Chauhan]

You could have tried getting an extended I-94 based on your new passport and probably got a new I-94 till July.

Also, I am not suggesting a cost benefit by not applying in premium, by applying in normal processing you would get much longer time to plan out. If you upgrade to premium, the decision , if negative can come as soon as Feb end which wouldn't give you much time to reach anywhere with respect to Canada Work Permit. A Canadian work permit can take 3-6 Months.

Had you applied extension request in April 2014 under normal processing, you would have got RFE somewhere in May 2014, and responded to RFE in normal processing and got , worst case, a rejection in June/July 2014. In parallel, a Canadian Work Permit could have been processed between Jan - Jun/Jul 2014. By applying extension request in much before April 2014, you already lost 3-4 Months of legal stay allowed.

This is my opinion not legal advice.

----

Thats a good idea, thanks.

What i can now do is reply for RFE response by march end - apr 1st week using normal process and then wait for reply- which should come by may lets say. and in parallel, i'll right away apply for canada visa- i think this might give me a slight chance w.r.t timelines of processings.