L1A RFE - Marriage Travel Date near - Options? - Help!!

[ramesh1k]

Hello to all...

A Brief of my current status:

Important Dates:

• L1B Visa, Petition & I-94 expiration Date: Oct 26 2008
• Marriage Date Oct 19 2008
• Travel Date for marriage (fixed) Oct 10 2008

Visa Processing status:

• Applied for L1B -> L1A in Early June
• L1A RFE received in Early August (response submitted on Aug 9 2008 to Attorney)
• L1A RFE response filed by Attorney on Sep 10 2008
• Current status: Case Processing Resumed

My Questions (Please bear with me it is long and complicated ):

Case 1:
As i understand if i travel to india before a decision is taken by USCIS my petition is considered as abondoned. What are my options?
a) Can i withdraw the petition and file a new one in india (if yes when should i withdraw?)
b) Can i go for advance Parole?

Case 2:
If i travel to india after a positive decision but before receiving the updated petition and I-94.
a) What can i do with the new I-94 (new wouldnt be submitted at port of departure - but the old one would be submitted)?
b) Would it be a problem? [as i understand the new i-94 has the same identification number as the old one]
c) can my friends post the petition to my home in india and then can i take up the stamping process in india?

[txh1b]

There have been couple of denials reported for L1 extensions lately on the forum. Looks like you are into programming and evident from the case statements
There is a premium filing option for form I129. talk to your lawyer and upgrade the case if possible.

Case 1:
a. Why should you withdraw? You can leave and the petition is NOT considered abandoned. Doesn't your company have a lawyer that you can discuss the case specifics with?
b. On what basis? Have you applied for I485?


Case 2:
a. Doesn't matter. It has the same number and moreover, the effective date for that is after you leave in your case.
b. No
c. Yes. But you have to wait till it gets processed as it is not a simple extension. Note that the delay could be endless.

[ramesh1k]

Thankyou Thankyou Thankyou!!!

You guessed it right (aka programming)

my company lawyers are - in short - not freely approachable (too many layers in between!!!) and the layers in between give me an answer "do not travel for your marriage untill you get your approved petition in hand!!!"

so, as i understand...

• i travel on oct 10th as usual and submit my old (valid) i-94
• my friends send my updated petition when they get it to india (whenever they get it!)
• i stamp passport after receiving my new petition and come back even if it takes 2 months

sounds like a plan...

Thankyou again for helping me out...