Tweet
Hi All,
Currently I am working in L1B and my L1 extension got rejected.
This is the complete sequence of events
1) Feb 2014 – L1 extension case filed by employer (CSC)
2) Feb 27th 2014 – L1 visa expired
3) March 26th 2014 - received a Request for Further Evidence from the USCIS
4) June 2014 – Employer sent the requested RFE documents to USCIS
5) July 27th 2014 – received L1 rejection from USCIS
In March I extended my I94 for next 3 years from my port of entryentry based on the federal regulation : 8 CFR 214.2 (i) (11)
"(11) Admission. A beneficiary may apply for admission to the United States only while the individual or blanket petition is valid. The beneficiary of an individual petition shall not be admitted for a date past the validity period of the petition. The beneficiary of a blanket petition may be admitted for three years even though the initial validity period of the blanket petition may expire before the end of the three-year period. If the blanket petition will expire while the alien is in the United States, the burden is on the petitioner to file for indefinite validity of the blanket petition or to file an individual petition in the alien's behalf to support the alien's status in the United States. The admission period for any alien under section 101(a)(15)(L) shall not exceed three years unless an extension of stay is granted pursuant to paragraph (l)(15) of this section."
My Visa But extension petition is rejected by US-Consulate with the following language.
"The record does not establish that The beneficiary has been and will be employed in a specilaized knowledge capacity.
Therefore, the beneficiary does not qualify for classification under section 101(a)(15)(L) of the Act
Accordingly, your petition is denied.
if applicable, the portion of the petition requesting an extension of stay or change of status for the beneficiary. is now being denied as the nonimmigrant visa petition filed in the beneficiary's behalf has been
denied.
This decision may leave beneficary without lawful immigration status. If the beneficiary is present in
the United States in violation of the law, he or she is required to depart immediately. Remaining in the United States without a lawful status after the date of this decision may result in the accrual of unlawful presence under section 212(a)(9)(B) and may adversely affect the beneficiary's ability to return to the United States lawfully in the future"
Now my legal department says not to travel for a period of one year. And they can file an amendment to request an I-797 matching your I-94, but there's no guarantee of the approval.
When I discussed with my private attorney he clearly says clearly notified that my current stay in USA is un-lawful and illegal because both petition and Extensions are denied along with our claim for specialized knowledge capacity and also declined the option to file an amendment to request I-797 after 1 year.
Currently my spouse is processing his GC and I dont want to get in to any troubles with future returns.
Is it legal to work with I-94 though I am not any status now?
If yes, would cause any troubles with my future returns?
If no, what is the deadline to go back?
Please help
Currently I am working in L1B and my L1 extension got rejected.
This is the complete sequence of events
1) Feb 2014 – L1 extension case filed by employer (CSC)
2) Feb 27th 2014 – L1 visa expired
3) March 26th 2014 - received a Request for Further Evidence from the USCIS
4) June 2014 – Employer sent the requested RFE documents to USCIS
5) July 27th 2014 – received L1 rejection from USCIS
In March I extended my I94 for next 3 years from my port of entryentry based on the federal regulation : 8 CFR 214.2 (i) (11)
"(11) Admission. A beneficiary may apply for admission to the United States only while the individual or blanket petition is valid. The beneficiary of an individual petition shall not be admitted for a date past the validity period of the petition. The beneficiary of a blanket petition may be admitted for three years even though the initial validity period of the blanket petition may expire before the end of the three-year period. If the blanket petition will expire while the alien is in the United States, the burden is on the petitioner to file for indefinite validity of the blanket petition or to file an individual petition in the alien's behalf to support the alien's status in the United States. The admission period for any alien under section 101(a)(15)(L) shall not exceed three years unless an extension of stay is granted pursuant to paragraph (l)(15) of this section."
My Visa But extension petition is rejected by US-Consulate with the following language.
"The record does not establish that The beneficiary has been and will be employed in a specilaized knowledge capacity.
Therefore, the beneficiary does not qualify for classification under section 101(a)(15)(L) of the Act
Accordingly, your petition is denied.
if applicable, the portion of the petition requesting an extension of stay or change of status for the beneficiary. is now being denied as the nonimmigrant visa petition filed in the beneficiary's behalf has been
denied.
This decision may leave beneficary without lawful immigration status. If the beneficiary is present in
the United States in violation of the law, he or she is required to depart immediately. Remaining in the United States without a lawful status after the date of this decision may result in the accrual of unlawful presence under section 212(a)(9)(B) and may adversely affect the beneficiary's ability to return to the United States lawfully in the future"
Now my legal department says not to travel for a period of one year. And they can file an amendment to request an I-797 matching your I-94, but there's no guarantee of the approval.
When I discussed with my private attorney he clearly says clearly notified that my current stay in USA is un-lawful and illegal because both petition and Extensions are denied along with our claim for specialized knowledge capacity and also declined the option to file an amendment to request I-797 after 1 year.
Currently my spouse is processing his GC and I dont want to get in to any troubles with future returns.
Is it legal to work with I-94 though I am not any status now?
If yes, would cause any troubles with my future returns?
If no, what is the deadline to go back?
Please help
Comment