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L1 Blanket I-94 extension 180 days rule

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  • L1 Blanket I-94 extension 180 days rule

    My visa and I-94 expired on May and we recieved RFE and USCIS recieved RFE on July 26th(Sorry mistakenly I mentioned my I-94 expired on July. So I corrected now) . We applied for Extension before it expired. Now its under process. I have two questions.

    - Shall my employer call customer service as its more then 60 days (in reciept they mentioned, with in 60 days I should recieve written update or decision). Still for I129 processing dates fall under May 23rd in USCIS website.

    - My employer says for 240 days I can work when the case is under process and dont worry about 180 days rule. But in this link https://www.immihelp.com/extend-non-...united-states/ ,
    they are saying if extension is denied, then I will be out of status from the day my original approved stay. So if my case takes more then 180 days and if it get denied whether 3 years ban will applicable to me?

    Can you please provide some input on this? Thanks in advance.

  • #2
    There are two school of thoughts on this issue.
    1. Out od status accumulates from day of expiration of the initial I-94
    2. From the day of denial of the petition.

    I am leaning towards 1 however some members have talked to some attorneys that stood by 2.

    Talk to your attorney and post what you hear.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks for your response. My employer says "Out of status" will start from the day Denial Notice sent. But I agree with you as USCIS clearly say, "Out of Sttaus" will start from previously authorized stay.

      The only option now I have is apply for Premium processing. It will great if you give suggestion/input on,

      - How many days it will take to convert existing processing to Premium Processing once my employer request?

      - if my employer do not agree, I am planning to go back. As I already recieved RFE and processing is getting delayed in CSC(its more then 2 months after we responded for RFE), I am very close to 180 days. Is it fine to go back evethough decision is not yet made?

      - Any USCIS link for 180 days rule it will be great, as my employer argues 180 days will not applicable as we applied before my I-94 expired.
      Last edited by Today24; 10-02-2008, 10:51 PM.

      Comment


      • #4
        Premium upgrade takes no time after USCIS receives it. 15 days for the result. You can legally pay for premium. Your employer is more concerned about you making money for them rather than your status.

        The new INA §212(a)(9)(B)(i)(I) provides that any alien who has been unlawfully present in the United States (presence in the United States after the expiration of lawful status or presence in the United States without being admitted or paroled) for a period of more than 180 days but less than 1 year and voluntarily departed the United States (whether or not pursuant to section 244(e) prior to the commencement of proceedings, is excludable for a period of 3 years. The new INA §212(a)(9)(B)(i)(II) provides that any alien who has been unlawfully present in the United States (presence in the United States after the expiration of lawful status or presence in the United States without being admitted or paroled) for 12 months or more is excludable for 10 years.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          As per the below link

          it looks like I can continue to work until USCIS makes decision and if it get denied, "Out of Status" will start from the date Denial Notice sent.

          Comment


          • #6
            Sorry to come back with one more question. By the time we applied for extension, our office was relocated and we didnt recieve the reciept notice(as it went to old address). But with cancelled cheque and address verification, we recieved the reciept number from USCIS customer service. Now my employer has only RFE reciept. Will it be problem in future if my extension is denied. The reason is, if i apply for visa do i need to show the reciept notice to counslate or in approval/denial notice all the details will be there?

            Any suggestion please.

            Comment


            • #7
              The employer has to file a change of address. The lawyer's office gets a courtesy petition notice as well.

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

              Comment


              • #8
                Hi,

                I am going back to India by next week. But my L1B extension is still pending (We applied for ext., before it expired and recieved RFE and responded. So as of now its more then 6 months from the date of I-94 expired and still my petition is in process).

                My question is,

                - while going back, do I need to show the copy of reciept/RFE in Port of Entry? (as I need to return my I-94 which is expired long back)
                - Will it create any problem when I apply for extension again?
                (My employer say, it shouldn't be a problem as I will have Approved/Denial notice which prove that I maintained legal status)

                Or is it worth to wait here until I get the decision? (as I may cross 240 days by Jan, I am not sure whether the decision will come before that)...
                Please adivce.

                Comment


                • #9
                  Any suggestions please

                  Originally posted by Today24
                  Hi,

                  I am going back to India by next week. But my L1B extension is still pending (We applied for ext., before it expired and recieved RFE and responded. So as of now its more then 6 months from the date of I-94 expired and still my petition is in process).

                  My question is,

                  - while going back, do I need to show the copy of reciept/RFE in Port of Entry? (as I need to return my I-94 which is expired long back)
                  - Will it create any problem when I apply for extension again?
                  (My employer say, it shouldn't be a problem as I will have Approved/Denial notice which prove that I maintained legal status)

                  Or is it worth to wait here until I get the decision? (as I may cross 240 days by Jan, I am not sure whether the decision will come before that)...
                  Please adivce.

                  Comment


                  • #10
                    Nothing to be shown while leaving. Upon entry (I wonder how you will without the approval), it would be better if you carried the extension notice and proof that you did not violate the status.

                    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                    Comment


                    • #11
                      Oh Sorry.... I should have mentioned, "When I apply for visa again in India(not extension)"... Thanks for your suggestion.

                      Comment


                      • #12
                        Originally posted by Today24 View Post
                        Oh Sorry.... I should have mentioned, "When I apply for visa again in India(not extension)"... Thanks for your suggestion.
                        Hi, I know its been a while since you posted this message, am in the same situation right now. Can you advise what happened in your case and how you handled it? thanks.....
                        Karthik

                        Comment


                        • #13
                          L1 B visa is valid but I 94 expiring

                          Hi All,

                          My L1 B visa is valid till Sept 2012. But my passport was expiring on 29th Aug 2011. Hence they gave me I 94 upto 29th Aug 2011 and advised to visit USCIS office after renewing the passport. Now after renewing passport, the USCIS is saying they dont have power to extend the I 94. Please suggest how to proceed here.

                          Thanks,
                          Sushil

                          Comment


                          • #14
                            Your employer will have to file an amendment petition to extend your status. Alternatively, you can leave teh US before your I-94 date and return again to get an extended I-94. When does the petition expire?
                            This is my opinion and not legal advice.

                            Comment

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