L1B extension withdraw vs denial

[madhavan83]

I had applied L1B extension. Before I receive receipt number, the case statue went to RFE. Currently I don't know what RFE question are.
In case if questions are tough to respond, can I have option to withdraw my extension petition?
What is the difference between withdrawal or denial?

Thanks,
Madhavan.

[raghvi]

When is your I94 expiring? As long as you withdraw before your I94 expiry And leave US it should be fine.
A denial would have to be mentioned in future visa applications.

This is my opinion not legal advice.

[madhavan83]

When is your I94 expiring? As long as you withdraw before your I94 expiry And leave US it should be fine.
A denial would have to be mentioned in future visa applications.

This is my opinion not legal advice.

Hi Ragvi, Thanks for quick response.
My I-94 expiring next week, but I cannot leave before that. After I-94 expiration Is there a possibility to withdraw my extension petition? If I do, What are the consequences?

Thanks

[raghvi]

Hi Ragvi, Thanks for quick response.
My I-94 expiring next week, but I cannot leave before that. After I-94 expiration Is there a possibility to withdraw my extension petition? If I do, What are the consequences?

Thanks

Well after I-94 expiry, if you file for withdrawal you should be prepared to leave immediately.

Applying for extension before I-94 expiry , technically allows you to work and stay till USCIS makes a decision, or 240 days have passed since I-94 expiry, whichever is earlier.

What you are asking is if the RFE is too difficult to respond, then you want to withdraw, and leave US immediately it is possible, but this way, you accept your fate of denial even if USCIS makes it, and leave US.

This is my opinion not legal advice.

[resilient18]

L1B extension RFE - response vs withdrawal ?

Hello,

I need some help for similar situation. My L1B & I-94 have expired in March-2018 and company has filed extension based on 're-capture of time' until Oct-8 but recently received RFE.

There are two options:
1) Respond to RFE which my company lawyer says it would be too difficult to respond given the time constraint
2) Withdraw application, leave US before Oct-8 and they would withdraw the application

I am selected for Cap subject H1B for FY2019 (as CoS) but have not received decision yet so once approved I can come back to US after consular processing of H1B visa.

My concern is if I leave US on Oct-8 and company withdraws application would I be considered Over stay or under 240 day period of USCIS decision time frame?
From date of initial I-94 expiry to Oct-8 will be >180 days. so will it affect my future entry to US possibly on H1B?

I have always benefited from the questions, views and feedback from this community so thank you very much for that and thank you in advance.

Regards.