Unlawful Stay after L1 rejection

[sandy175]

This question is to all the senior members .

I am sorry to ask this question but I am getting conflicting views on this site as well as others so I want to get a correct answer .

My L1B visa has expired on 15 feb 09 and extension is already file on which RFE was got and responded on Mar 3 09 .

My question is in case the extension gets denied , then will I begin to accrue unlawful presence from data of expiry of L1 visa OR date of denial of L1extension ?

Thanks

[txh1b]

It is kind of a gray area and that is the reason you have been getting conflicting replies.

You have been unlawfully present as of the expiration date of your last I-94. However, since your extension of stay was timely filed you were allowed to remain in the US while that was pending. In case of a petition denial, it is arguable that your unlawful presence did not start until the date of denial. However, the law isn't clear on it.

One part that is clear is you do not hold a "status" during the pending period but it is rather "authorized stay". Hence, in case of a denial, your illegal period starts from the date of expiry of the I94 unless the petition for extension is approved.

It is confusing and many attorneys also do not want to commit to a specific answer in this scenario. Talk to one if it makes you feel better.