L1 Extension Issue

[immil1]

I have been in US on L1B since 5 years. And my I-94 is going to expire on 9th Feb 09. I have applied for an extension (to capture the 75 days spent outside of US during these 5 years). The extension application was filed under normal processing.

I have received RFE a week back and need to respond to the RFE by 5th March 09 (beyond I-94 expiration). I read somewhere that the denial rate for L1 extensions is very high these days. I am in a state of confusion now whether to go back to India before 9th Feb 09 or submit a response to the RFE and wait for USCIS response which may go beyond 9th Feb 2009. I have asked my employer to speed up the process by upgrading it to Premium. They didn't accept it because of the high rejection rate that they have seen in this case.

1. Can I stay until 5th March 09 (RFE submission date) and then go back to India by withdrawing the extension request? is it going to cause any issues?
2. If I go back to India before I-94 expiry, How long do I need to wait to apply for a fresh L1B?
3. If I stay beyond I-94 expiry date and the extension request is denied subsequently, from which date the 'out of status' days get accumulated? As per USCIS, it is from I-94 expiry date. But I did come across different versions of it.

(PERM got approved and I-140 is being processed, if that helps)

I really appreciate if you can give me some inputs on this.

[txh1b]

1. Yes. Your stay past the I-94 is considered illegal.
2. 1 year as limit is 5 years.
3. #1

[immil1]

L1 Extension Issue

Thanks txh1b. That helps.

[immil1]

L1B Extension Issue

I am leaning towards the option of going back to India before my I-94 expiration to avoid any issues in future. But could you please let me know the process to withdraw an extension request?

[txh1b]

If you leave prior to I-94 expiration, there is no need to withdraw anything. Employer has to write a letter to withdraw.