L1b extension –got RFE –possible options-need suggestion

[rajk2121]

Hi,

I am working on L1b visa, my company applied L1b extension as my I-94 getting expiring on June 09. How ever USCIS sent RFE (you lack the specialized knowledge in order to qualify for a L-1B)


My question is which one is better option responding to RFE or going back to india and apply for new L1b petition. As these days once RFE comes, most of them getting denial.

1)if my company respond to RFE and after that also USCIS denied my application , can I apply for new L1 b petition from US itself or as L1 extension is denied I have to travel back to india and then immediately I can apply for L1b new petition . Is there any period I have to wait for applying new L1b petition as my L1b extension got denied ?

2)Is it possible Not responding to RFE and withdrawing that L1b extension petition and applying new L1b petition from US itself ?
If not ,
3) Is it possible Not responding to RFE and withdrawing that L1b extension petition and applying new L1b petition from India( assuming I will go back to India and apply ) Is there any period I have to wait for applying new L1b petition as my L1b extension petition is withdrawn as it got RFE ?

Thanks in advance for your help.

[rajk2121]

Does any one face this kind of sistuation ! if any one have information regarding my post questions can you plz share with me.

[rajk2121]

Here is the answers I got .

1)There is no such 180 days wait period, if a candidate’s L1b extension is denied. He/she can apply for new L1b petition from outside of USA ( provide if he/she did not completed 5 years on L1b in USA) immediately.
Previous Denial of L1b extension doesn’t have any affect on either next L1b new petition or GC(if it is under processing)

2)We can withdraw L1b extension, How ever f a candidate is with in USA we can apply only L1b extension, for applying new L1b petition he/she must move out of USA and then only apply for L1b new petition.


At least now, if any one disagree with answers what ever I got ,please respond to my post.

[rajk2121]

I didn't any response from any one, that means what ever I got answers those are correct ?

[itzprams]

1)There is no such 180 days wait period, if a candidate’s L1b extension is denied. He/she can apply for new L1b petition from outside of USA ( provide if he/she did not completed 5 years on L1b in USA) immediately.
Previous Denial of L1b extension doesn’t have any affect on either next L1b new petition or GC(if it is under processing)

---If your I-94 is already expired then there is no 180 days wait period after denial otherwise your stay is valid until I-94 expiry.

2)We can withdraw L1b extension, How ever f a candidate is with in USA we can apply only L1b extension, for applying new L1b petition he/she must move out of USA and then only apply for L1b new petition.

---Both points are true. Except I am not sure whether denial will affect your GC processing or not.

[rajk2121]

Thanks itzprams for giving response to my questions.

So Previous Denial of L1b extension doesn’t have any affect on next L1b new petition right ?


In my case I got RFE for my L1b extension, I am thinking to respond to RFE or not . If denial of L1b extension doesn’t have any affect on next L1b new petition, I will inform to my employer to respond to that RFE other wise, I will inform to my employer to withdraw L1b extension petition and then I will go out of USA for applying new L1b petition.

[itzprams]

Chances are 90% that attorney will suggest you to go to home country and apply for a new petition. Remaining 10% is taking a chance by applying an extension.

Since your petition got RFE not denial, I dont think it will affect your new petition. But in case of denial it goes into your history and could affect your future petitions.

Consult with attorney and employer then decide what to do.

[rajk2121]

Thanks itzprams for suggestion.

Sure I will check with my attorney & employer and then I will take a decision. Mostly I will withdraw l1b extension petition and then go to India for applying new petition.

[deepakOne]

What happend after this?? Did you got new L1 B visa. Please complete the case so that it will be useful to many people like me.

Thanks itzprams for suggestion.

Sure I will check with my attorney & employer and then I will take a decision. Mostly I will withdraw l1b extension petition and then go to India for applying new petition.