L1B extension- withdraw

[Gjus]

Hi,

I applied for my L1B extension on July-2014 and got RFE on first week of Sep-2014(I could see the RFE status for my case in USCIS). But, my employer says it might take some time for them to receive the details and update me once they receive. I don't want to be in this state of RFE and L1B extension approval rate .


**** My I94 and VISA got expired on first week of SEP-2014 **** *

My question is withdrawing L1B extension petition. What is the difference between revoke and withdraw

I am planning to revoke the application and return back around 15-OCT-2014 or by end of OCT.

IS THIS TRUE, "IF I PLAN TO REVOKE THE PETITION, WILL I BE OUT OF STATUS FROM I94 EXIRY DATE or PETITION REVOCATION DATE"

Thanks

[raghvi]

Hi,

I applied for my L1B extension on July-2014 and got RFE on first week of Sep-2014(I could see the RFE status for my case in USCIS). But, my employer says it might take some time for them to receive the details and update me once they receive. I don't want to be in this state of RFE and L1B extension approval rate .


**** My I94 and VISA got expired on first week of SEP-2014 **** *

My question is withdrawing L1B extension petition. What is the difference between revoke and withdraw

I am planning to revoke the application and return back around 15-OCT-2014 or by end of OCT.

IS THIS TRUE, "IF I PLAN TO REVOKE THE PETITION, WILL I BE OUT OF STATUS FROM I94 EXIRY DATE or PETITION REVOCATION DATE"

Thanks

Revoking can be done either by employer (petitioner) or USCIS. Employer will generally do it if you no longer work for them or they do not want to employ your services any longer. USCIS will generally do it if they find that you or the petitioner actually dont meet the criteria or have misrepresented certain aspects.

Withdrawing has to happen by the petitioner, this generally happens if the employer no longer wants to pursue the petition/extension request.

So revoking doesnt seem to be applying to your case, withdrawal is possible but then as your I-94 has already expired, you would have to leave as soon as you apply for withdrawal , you cannot wait till Oct 15th or Oct End as you voluntarily are telling USCIS that you no longer seek extension beyond your I-94 (which is already expired).

Technically, irrespective whether you withdraw, leave US, or get denied, in all of these scenarios you will be considered out of status from I-94 expiry date onwards. The only way to avoid out of status period would be to get L1 extension approved. At the same time for most practical purposes this out of status period should not negatively impact your future visa stamping and immigration processes.


This is my opinion not legal advice.