L1B Withdrawn and Aftermath

[debaaich]

Hi Senior Members,

I have a specific query.

Scenario:
I was holding L1B from ABC company. Which has expired on 13th June 2009. My company lawyer applied for an extension on 19th June, 2009. I got a RFE from USCIS on 10th Aug 2009. In the RFE USCIS asked for the validity of my work location (if its a facility of ABC company or not). Upon checking lawyer found out that he mistakenly put my client's address in place of my employer's facility address (whereas actually i am working in ABC faciltiy). Now he does not want to go ahead with the RFE and already withdrawn the petition itself on 19th Aug (since he can not prove the work location as ABC facilty and also can not change the basic facts in a RFE compare to original petition). he also told me to leave US and get back to my own country (India) ASAP.

Questions:

1. What is my status as far legality is concerned here in US as of now (20th Aug)?

2. When I will get back to India (27 th Aug) , Homeland security will question me? If yes, what sort of?

3. Once I get back to India, how soon my employer (ABC company's Indian counter part) can apply for another fresh L1B visa?

4. What is the chance of getting that Visa approved? Does Withdrawal of current L1B will afftect the decision of the new L1B?

If anybody can answer these questions I will be greatful. My mind is in fix. Hope to get some answer real soon.

[txh1b]

1. Illegal
2. No one questions you when you leave. Be prepared for some questioning when you enter in the future.
3. You have to declare illegal presence on the next visa form.
4. As you have not accumulated a ban which one does if overstay is beyond a reasonable period, you can still stand a chance based on how your interview goes.

[debaaich]

Hi Senior Memebr,

A small correction. My visa got expired on 13th of June, 2009. My lawyer applied for the extension on 10th June, 2009 (Not 19th June).

1. Illegal
My lawyer told me that, I am out of status but not illegal. What is the difference?

2. No one questions you when you leave. Be prepared for some questioning when you enter in the future.

3. You have to declare illegal presence on the next visa form.
Illegal Presence or Out of status presence? My out of status starts from 13th June, 2009 or 19th Auguest, 2009 (the day on which petition got withdrawn) ?

4. As you have not accumulated a ban which one does if overstay is beyond a reasonable period, you can still stand a chance based on how your interview goes.

[txh1b]

You are out of status if you don't fulfill the requirements for your status anymore.You are unlawfully/illegally present if you stay past the expiration date on the I-94. That's also called overstaying the I-94.
Overstaying for 180 days triggers a 3-year ban, overstaying for 1 year triggers a 10-year ban.