L1B to L1A. 5 year and I94 expiring in 1 week. L1A got RFE.Legal Stay?

[rameshbabuy]

L1B and I94 expiring in 1 week. L1B 5 year term also completes in 1 week. Applied L1A and status got updated to RFE. I cannot get decision from USCIS before I94 expiry. Can i stay till my employer responds to RFE and get the decision from USCIS? Does the 240 day rule applies to this? Do i need to quit USA because 5 year L1B completing?

[raghvi]

L1B and I94 expiring in 1 week. L1B 5 year term also completes in 1 week. Applied L1A and status got updated to RFE. I cannot get decision from USCIS before I94 expiry. Can i stay till my employer responds to RFE and get the decision from USCIS? Does the 240 day rule applies to this? Do i need to quit USA because 5 year L1B completing?

Technically you can stay and work till USCIS reaches a decision or 240 days passed whichever is earlier. You might want to avoid staying all the way till 240 Days. Better upgrade to premium along with RFE response and get decision fast.

This is my opinion not legal advice.

[rameshbabuy]

Thanks Raghvi. I got RFE after my employer upgraded to premium. My employer is waiting for the RFE mail.Hope it would be simple query and gets approved.