L1 Visa - regarding OUT Status

[Spri]

Thanks very much to all Senior members for the support ..
Don’t want to hijack any thread as that could mislead someone's issue.
I read txh1b's reply from couple of other thread's

//if you get a denial notice you will have 30 days to leave the country.//

// You have 30 days to leave the country or they can start "deportation" proceedings. That DOES NOT in anyway mean that you are considered to be IN status. //

//If appeal gets denied, it becomes overstay for the entire period resulting in a 3-10 yr ban

//You are definitely OUT of status, in fact illegal after the I-94 expires and extension gets denied. You should leave ASAP, mention the violation in your DS156 form, explain what happened to the VO during the interview.

If the violation was not over 180 days, the VO could grant a visa. If not a 3 yr ban applies for less than 365 days of over stay and 10 year for more than that.
///

My status

I am on L1B individual applied for conversion to L1A- Premium process(pls Note : I94 expired on 29th April)
Case is Pending status with CIS.

Possibilities:
Approval or RFE or Denial

My Question:

a) If denial comes first then, I don’t have any choice except leaving the country /apply for a new L1A immediately and mention about the violation in DS-156 as mentioned my txh1b above(because my status was OUT form I-94 expiry - Apr 29 th Onwards..) is this correct?
b) If RFE comes, the employer can respond.. But again that will buy some time - putting me in the same loop. To avoid that, if I leave the country and simultaneously employer withdraw I129 petition, will that help me to avoid that OUT status?
Or still it’s considered as OUT status after my I-94 expiry - Apr 29?
Thanks again.

[txh1b]

There aren't many flavors or interpretation for this. Whatever you do, unless an extension of some form with a new I-94 is approved by USCIS after the I-94 expires, one is illegal from the date of original I-94 expiry.

It does not matter if it was due to a RFE, voluntary withdrawal, revoke or any other thing possible.

[Spri]

Thanks txh1b.

Thanks Very much txh1b.I will keep this thread update once i get something from CIS.I belive my boat is already sinking ..(petetion filed on 24th Apr on PP) but no replies yet..Let see...

Thanks again.

[txh1b]

Companies wantingly delay filing for extensions. When USCIS gives them the ability to apply 6 months prior to expiration, why should they wait till the 11th hour? Bottom line is the profir for them. They want the person to continue working for another 3-4 months on a pending petition and if it gets denied, it isn't their problem but the employee's.

[Priya24]

Very true.

These shady consultants and body shoppers want to suck your blood till last drop.

[Spri]

Companies wantingly delay filing for extensions. When USCIS gives them the ability to apply 6 months prior to expiration, why should they wait till the 11th hour? Bottom line is the profir for them. They want the person to continue working for another 3-4 months on a pending petition and if it gets denied, it isn't their problem but the employee's.

Txh1b,
I agree with you...actually in my case, I have re-entered into US recently (March end) and now,I will not let that happen (--the Denial) as you have mentioned somewhere that the denial will be a RED Flag while apply for new petition.... I don’t want take that risk and decided to ask employer to withdraw and fly back (In case of RFE)..

Just to clarify, Once I land in India,I can immediately apply for the new L1A petition Right? (I didnt Max-out the 5 yrs L1B)

Thanks again.

[txh1b]

L1A cases are being scrutinized due to rampant abuse and fraud by offshore companies. Having said that, your L1A has to be an individual petition and if you travel back, you would have to wait for the approval before you even attempt your visa.

As you have premium processed your case, you may hear a positive (your stars must be really strong for this to happen) or a denial in 10 days. I would say not to withdraw the petition as the impact is the same now that Apr 29th is history.

[Spri]

L1A cases are being scrutinized due to rampant abuse and fraud by offshore companies.

Yes. I agree..

Having said that, your L1A has to be an individual petition and if you travel back, you would have to wait for the approval before you even attempt your visa.

Yes. the conversion my employer has applied is L1A individual and I am planning to ask my employer to submit the new L1A individual again for approval if I go back.

As you have premium processed your case, you may hear a positive (your stars must be really strong for this to happen) or a denial in 10 days.

….just couples of days to hear…I will update you without fail.

I would say not to withdraw the petition as the impact is the same now that Apr 29th is history.

3 reasons I thought of asking to withdraw if we get RFE.
* In last 2 months I saw 2 cases with my employer, - L1A applied - RFE received they withdrew and re-applied - got approved.
* If its denial then Employer may refuse to apply in the same category (even though I have strong role's and responsibilities fitment)
* From your earlier replies, I was in a understanding that the Denial is a Red flag not the voluntary withdraw (especially when i go back and re-apply for the same classification)
Denial VS just Out of status

Could you please calrify/Suggest ? thanks..

Thanks.