Unauthorized stay if L1B extension is denied

[phogi]

Hi, my I-94 on L1B visa has expired and I'm currently under L1B extension processing and only recently received RFE. However I feel that the 240 days grace period might expire before USCIS decision after we respond to RFE. If USCIS denies extension, when does count of unauthorized stay start. Is it from the date that the I-94 expired? Or from the date the denial is issued?

How much time does USCIS allow to leave US if the extension is denied after the 240 day grace period.

[newacct]

One is always allowed to stay in the US for as long as a timely-filed Extension of Status application is pending, no matter how long it takes. The 240 days you are referring to is the extension of employment authorization, but it has nothing to do with the ability to stay. Not sure what you mean by "unauthorized stay", but if you are talking about the "unlawful presence" in the context of the 9B ban, it would start on the date of the denial.

[phogi]

Yes, I meant unlawful presence. Thank you.

If decision is still pending beyond 240 days, I am not considered unlawful presence, but I cannot work for my employer?

What is the impact as a whole to future visa applications if the extension is denied?

Also is there a reasonable grace period after decision like 10 days to allow to settle affairs before leaving the country?

What is the 9B ban?

Thank you again.

[mshah1]

Hi, my I-94 on L1B visa has expired and I'm currently under L1B extension processing and only recently received RFE. However I feel that the 240 days grace period might expire before USCIS decision after we respond to RFE. If USCIS denies extension, when does count of unauthorized stay start. Is it from the date that the I-94 expired? Or from the date the denial is issued?

How much time does USCIS allow to leave US if the extension is denied after the 240 day grace period.

Once ur I-94/visa is expired and your extension is in process . you can stay till 240 days in US . I am assuming you are talking about those 240 days . If your result does not come in 240 days you need to leave the country and that wont be counted as Unlawful presence as your application is not "abandoned" because of you . I am not sure what happens to your application though once you leave US .

Logically unlawful presence starts after 240 days or If you leave country in between which makes your application abandoned. In case of denial - it should be from date of denial .

All the best .

- This is my opinion not legal advise .

[newacct]

Once ur I-94/visa is expired and your extension is in process . you can stay till 240 days in US . I am assuming you are talking about those 240 days . If your result does not come in 240 days you need to leave the country and that wont be counted as Unlawful presence as your application is not "abandoned" because of you . I am not sure what happens to your application though once you leave US .

Logically unlawful presence starts after 240 days or If you leave country in between which makes your application abandoned. In case of denial - it should be from date of denial .

All the best .

- This is my opinion not legal advise .

"Unlawful presence" does not accrue as long as a timely-filed Change of Status or Extension of Status application is pending, no matter how long it takes.

[phogi]

Logically unlawful presence starts after 240 days or If you leave country in between which makes your application abandoned. In case of denial - it should be from date of denial .

All the best .

- This is my opinion not legal advise .

Thanks mshah1.

I was planning on leaving the US 1 week before the end of 240 days thinking that I dont want to go beyond 240 days in case the extension is denied. But from what you said, leaving bwfore 240 days is considered abandonment? And this makes the whole time within 240 days that we were waiting as unlawful presence?

[newacct]

Again, unlawful presence has nothing to do with 240 days. It could be 1000 days. Doesn't matter. If it's still pending, you do not accrue unlawful presence. And it doesn't matter if it's ultimately approved, denied, abandoned, etc. The period when it was pending never accrues unlawful presence.

[phogi]

"Unlawful presence" does not accrue as long as a timely-filed Change of Status or Extension of Status application is pending, no matter how long it takes.

Thanks newacct.

This means I can stay 'lawfully' as long as waiting for decision, but cannot work beyond 240 days?

[newacct]

Thanks newacct.

This means I can stay 'lawfully' as long as waiting for decision, but cannot work beyond 240 days?

yes

[phogi]

Thanks newacct.

This means I can stay 'lawfully' as long as waiting for decision, but cannot work beyond 240 days?

yes

How does that work though, no payroll right, meaning no income?

If the decision takes too long though, I'll need to leave anyway because I have to have a job to have income. Is that abandonment still?

[newacct]

If you leave, you abandon the Extension of Status (because as you have no "status" outside the US, you no longer have any status to extend anymore, so the application becomes meaningless), which just means they will deny the EOS as the application is meaningless, but the L1b petition extension may still be approved later, in which case you will need to get an L1b visa to enter the US.

[phogi]

If you leave, you abandon the Extension of Status (because as you have no "status" outside the US, you no longer have any status to extend anymore, so the application becomes meaningless), which just means they will deny the EOS as the application is meaningless, but the L1b petition extension may still be approved later, in which case you will need to get an L1b visa to enter the US.

Thanks newacct for your answers. I am bringing these questions to a lawyer also of course. But having some idea is always helpful.