I am in problem

[gyanender]

Hi,

I will explain my problem as below.

Visa Type: L1-B (Blanket)
My visa validity (The visa stamp in passport):
Dec 2005 - 15th July 2008

Last entry to US: 23rd Apr 2008
Last I-94 issued: 23-Apr-2008 to 23-Apr-2011 (although my
visa stamp validity was only till 15th July 2008).

After 15th July 2008, I had a valid I-94 but expired visa
stamp.

My employer had applied for my visa extension by filing I-
129 with USCIS (I am not sure whether that was required or
not because my I-94 was still valid for 3 years).

First I received an RFE on my L1 extension case (asking for
specialized knowledge). My employer replied to the RFE.

Today I see in USCIS online status that my I-129
Application is rejected and they sent a denial notice to my
employer.

I don't know what is the reason for rejection of my I-129.
Is it that they were not satisfied with my specialized
knowledge RFE response or is it because they realized later
on that I already have a valid I-94. I will come to know
only when my employer receives the Denial notice.

I don't know at all whether there was any need to file an
L1 extension for my case (I just did so because my employer
asked).

I don't know what will happen further to this. My I-94 is
still valid (provided if it is not cancelled because of I-
129 rejection).

1. Can I continue to stay and work in US with the original
I-94?


2. Can I/my employer appeal against this?

3. IF I am required to leave US, what is the time allowed
before leaving?

4. If I am allowed to stay in US because my I-94 is valid,
how will I be able to re-enter US next time I visit my
country? Will I need to get a fresh L1 stamped in my
passport and will they do so because I already have an I-
129 rejection.

Awaiting your responses to this as I am in a problem and
very troubled situation.

Regards,
GP

[txh1b]

When did the I797 petition expire (which is until when you were truly authorized to work irrespective of your I-94 validity) and when did the employer apply for the extension?

You cannot work after a denial even if an appeal is in progress.

[gyanender]

When did the I797 petition expire (which is until when you were truly authorized to work irrespective of your I-94 validity) and when did the employer apply for the extension?

You cannot work after a denial even if an appeal is in progress.

My L1-B visa was based on a blanket petition (my employer has a blanket petition). The blanket petition says the validity is "INDEFINITE". In my visa stamp in my passport it says "Visa valid until 15-July-08" and also says "PED 15-Jul-08".

My employed applied for extension on 2nd June 2008 (before the visa stamp expiry), it received an RFE in the month of July-08, we replied to RFE in Sep-08 and now the denial notice.

Please help.

Regards,
GP

[txh1b]

So, PED is the petition expiry date.
Nothing changes. You cannot work if they decide to appeal. Based on recent feedback, many L1 extensions are getting denied.

[gyanender]

Thanks for the information.

Can you please tell me if it was really necessary to apply for L1-extension in my case as I still had a valid I-94?

I saw some other threads on other forums, where people had same case and their employer /lawyer asked NOT to apply for extension as they were good with a valid I-94. They ask to keep a copy of I-94 to prove that they didn't overstay and were in status.

Also I was going through CBP and other official websites which say that your period of admission "under requested status" is granted on I-94. So you are good to stay under proper status till your I-94 is valid.

I couldn't find any information on the fact that I-94 doesn't hold value without a valid petition.

Can you throw some light on this?

[txh1b]

I couldn't find any information on the fact that I-94 doesn't hold value without a valid petition.

This is absolutely true. I-94 could be erroneously issued till a later date but without a valid petition, it is illegal to work. USCIS could deport an individual if it later uncovered a situation like this.

Whichever lawyer advised them to just sit tight even after a petition expired is wrong.