L1 extension - 240 days

[jayabas]

I94 expired on 11th Mar 2016. L1 extension filed on 22nd Feb 2016 at VSC. 'Case received' status showing till date. USCIS website shows processing Jan 18, 2016 cases for the last 3 months.

1. I understand stay in the US for 240 days is allowed while the L1 petition decision is pending. 240 days start from the date of filing extension or date of expiry of I94?

2. With little over a month left, what are my options to get the decision before 240 days - submit an inquiry, upgrade to premium processing,, etc.??

3. If the decision is not received by the end of 240 days, do i have to leave the country? What will happen to my L1 extension petition? Will they still consider my petition and provide a decision?

4. What if I receive RFE in the next one month....do i still need to leave the country at the expiry of 240 days?

[raghvi]

I94 expired on 11th Mar 2016. L1 extension filed on 22nd Feb 2016 at VSC. 'Case received' status showing till date. USCIS website shows processing Jan 18, 2016 cases for the last 3 months.

1. I understand stay in the US for 240 days is allowed while the L1 petition decision is pending. 240 days start from the date of filing extension or date of expiry of I94?

2. With little over a month left, what are my options to get the decision before 240 days - submit an inquiry, upgrade to premium processing,, etc.??

3. If the decision is not received by the end of 240 days, do i have to leave the country? What will happen to my L1 extension petition? Will they still consider my petition and provide a decision?

4. What if I receive RFE in the next one month....do i still need to leave the country at the expiry of 240 days?

1. 240 Days from I-94 expiry.
2. Upgrade to premium.
3. Stop working, you need not leave US.
4. As said you can stay and respond to RFE but cannot work past the 240 Days limit.

This is my opinion not legal advice.

[jayabas]

1. 240 Days from I-94 expiry.
2. Upgrade to premium.
3. Stop working, you need not leave US.
4. As said you can stay and respond to RFE but cannot work past the 240 Days limit.

This is my opinion not legal advice.

Let's say I stop working @ 240 days. Will my stay be treated as a legal stay till the L1 petition decision is received?

[raghvi]

Let's say I stop working @ 240 days. Will my stay be treated as a legal stay till the L1 petition decision is received?

No.

Even though you are not actually in a lawful nonimmigrant
status, you do not accrue “unlawful presence” for purposes of
inadmissibility under section 212(a)(9)(B) of the Immigration and
Nationality Act, while your extension of status application is pending
if it was filed prior to the expiration of your Form I-94.
Although you are out of status, you may be permitted, depending
on your classification, to continue your previously authorized
employment for a maximum period of 240 days while your
extension application is pending if USCIS receives your application
before your Form I-94 expires, and you have not violated the terms
of your nonimmigrant status. You may be required to stop working
immediately when the first of the following events occurs:
• 240 days elapses from the date your I-94 expires; or
• USCIS has made a final decision denying your extension
application.

https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

This is my opinion not legal advice.

[jayabas]

No.

Even though you are not actually in a lawful nonimmigrant
status, you do not accrue “unlawful presence” for purposes of
inadmissibility under section 212(a)(9)(B) of the Immigration and
Nationality Act, while your extension of status application is pending
if it was filed prior to the expiration of your Form I-94.
Although you are out of status, you may be permitted, depending
on your classification, to continue your previously authorized
employment for a maximum period of 240 days while your
extension application is pending if USCIS receives your application
before your Form I-94 expires, and you have not violated the terms
of your nonimmigrant status. You may be required to stop working
immediately when the first of the following events occurs:
• 240 days elapses from the date your I-94 expires; or
• USCIS has made a final decision denying your extension
application.

https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

This is my opinion not legal advice.

Thanks Raghvi! My spouse is on L1. Can I process L2 while my L1 extension is pending?

[raghvi]

Thanks Raghvi! My spouse is on L1. Can I process L2 while my L1 extension is pending?

As your I-94 has already expired, a COS cannot be filed to another status.

This is my opinion not legal advice.

[jayabas]

As your I-94 has already expired, a COS cannot be filed to another status.

This is my opinion not legal advice.

Ok got it...Thanks....If I have to travel outside to get my L2 stamping, can I travel to Mexico/Canada and get the L2 stamping done ? I heard waiting times for getting visa appointments are longer (3-4 months) in US Consulates all over India.