L1-B Extension Denied | Applicant Still In Status | New Policy Memorandum NTA

[gsetia]

Hi,

I am currently on L1-B and my application for extn. was denied for a couple of reasons mainly due to burden of providing adequate information not met.

My employer suggested that since my I-94 is still valid until 12-Aug-2018, they will file a new extension application under normal processing and while it is pending with USCIS I can continue to live and work. But I learned about the new policy memorandum.

https://www.uscis.gov/news/news-releases/uscis-updates-notice-appear-policy-guidance-support-dhs-enforcement-priorities

Where it is mentioned that if USCIS makes a decision after I-94 expiration and its negative or they deny the extension, then they issue an NTA right away as start of the removal proceeding along with the decision.

Questions:

1. Which of the following would be the best route to choose from below 4 options and if there's even a better option which I haven't listed please share:
a. I leave the country before my I-94 expires?
b. Should I let the extension be filed again and wait for its decision.
c. Third way where I let them file the extension and leave the country in another month after my I-94 expires but I would still be in status since my application is already filed. This way I will be able to avoid any NTA related consequences since I would be in status and also have some time to sell off my stuff here.
d. File it under premium and get the result in 2 weeks, if denied leave immediately before I-94 expires.
2. When is this NTA policy going to kick in?
3. Would it help to seek opinion of another attorney rather than my employer's attorney?

Please let me know if more detail from my end would help you suggest better.

Thanks,
Gaurav

[sasvi]

My opinion - I would never stay out of status. If my I-94 expires, even having other things going on (pending with USCIS) I would not stay as they can use this later to prevent GC, citizenship, etc - procedures are changing on a monthly basis.

You can easily renew a visa in 5 days. I have no idea why some people make this in the most difficult way. I renewed visa in different ways: going to Canada and going back to home country. My feeling is that renewing in a consulate is easier since they are in your country and they understand better the local conditions. In Canada, it was also OK - in one week you are back with a new visa. In my home country, also takes one week on average but sometimes takes 2 weeks to get the passport back.

I have never renewed it in USA but I think it takes more time and has more denials. Only if extremely needed I was going to consider this option.

[Simanta Datta]

Stay after denial with valid i94?

Hi,

I am currently on L1-B and my application for extn. was denied for a couple of reasons mainly due to burden of providing adequate information not met.

My employer suggested that since my I-94 is still valid until 12-Aug-2018, they will file a new extension application under normal processing and while it is pending with USCIS I can continue to live and work. But I learned about the new policy memorandum.

https://www.uscis.gov/news/news-releases/uscis-updates-notice-appear-policy-guidance-support-dhs-enforcement-priorities

Where it is mentioned that if USCIS makes a decision after I-94 expiration and its negative or they deny the extension, then they issue an NTA right away as start of the removal proceeding along with the decision.

Questions:

1. Which of the following would be the best route to choose from below 4 options and if there's even a better option which I haven't listed please share:
a. I leave the country before my I-94 expires?
b. Should I let the extension be filed again and wait for its decision.
c. Third way where I let them file the extension and leave the country in another month after my I-94 expires but I would still be in status since my application is already filed. This way I will be able to avoid any NTA related consequences since I would be in status and also have some time to sell off my stuff here.
d. File it under premium and get the result in 2 weeks, if denied leave immediately before I-94 expires.
2. When is this NTA policy going to kick in?
3. Would it help to seek opinion of another attorney rather than my employer's attorney?

Please let me know if more detail from my end would help you suggest better.

Thanks,
Gaurav

I am curious what did you do finally? And this is an issue with most of these forums that we don?t get to know what finally happened so that it helps others. But anyway that?s life !

I read in several places that it?s better to get a visa from other countries than an extension from USCIS, but not sure how we show the criteria of 1 year abroad stay in last 3 years because in most cases when you are extending your i94 you already have stayed more than 2 years in the USA.

Regarding NTA, I believe the latest word is that they are not using NTA for work related visas, so you should have been fine.

I also do not know if when i94 is valid (and may be current petition too) and then the extension gets denied, then are you allowed to stay till the current i94 date atleast? You wrote that your company said it?s ok but it seems it?s a grey area as my company said that you can?t, and also I read that somewhere else also. The denial notice itself should contain when you are supposed to leave the country, immediately or after the expiry of current i94.. but the denial notice takes a few days to come too, so by then, if the denial notice said you must leave immediately then you already have accrued an illegal stay. It?s very complex and a bit grey about whether you can stay or not post denial with current i94, or if it?s safe to do so.

Any members with knowledge on this?