L2 extension

[billoo]

Hi -

My company applied for my L1A (I129) during Oct'2008. The receipt notice didn't arrive by 1st Dec, which led to re-application of I-129 alongwith family's extension application. Unfortunately our I94 expiration date was on 1st Dec, 2008. I received the L1-A approval (which was applied on Oct) a week later. This was followed by an RFE notice on my second I129 petition.

I want to withdraw the petition for which I received RFE since I already have an approved L1A status. Can I re-apply for my dependent's extension with my approval notice. Please note that the dependent's I94 expired on 1st Dec'08.

Appreciate your guidance on the same.

Thanks.

[txh1b]

Your employer can ignore the second one or send a note to withdraw. You can use your approval for family's extension if their I-94 has still not expired.

[billoo]

Your employer can ignore the second one or send a note to withdraw. You can use your approval for family's extension if their I-94 has still not expired.

Thanks for your response. But as stated earlier their I-94 HAS EXPIRED on 1st Dec'08. If I withdraw will it not result in out of status for the dependents.

[txh1b]

Did they not apply for the dependents with the first extension? If not, get a good lawyer draft a note mentioning that your case was already approved and just need the extension for dependents.

For anything to work, the extensions had to be filed prior to I-94 expiry.

[billoo]

Yes you are correct my company did not apply with the first extension the reason why they were compelled to re-apply for all of us. The company is suggested few options:

1. Respond to the RFE with a copy of approved petition. The risk is if it is denied then the dependent extension will also be denied. In that case can I re-apply for dependents?

2. Withdraw the second petition and re-apply with my approval notice. As you have suggested this is not possible since the I-94 for dependent has expired (My I-94 is valid till 2010 based on the approval)

3. Go to Canada for stamping for self and dependent. Is it an option?

Please advice.

[txh1b]

1. I don't see the dependent extension getting denied here. Each petiion is separate.
2. Not possible.
3. Possible.

[billoo]

Thanks a lot for responding to the queries. I am planning to go by option 1 and try my luck.