L1 Extension Beyond 240 Days

[ratedguy]

Has anyone stayed more then 240 days+ when L1B Individual extension was filed?

How your company tackles it? I understand that beneficiary can stay as long as final decision on his/her petition is made, but as one cannot work beyond 240 days, hows are companies handling it?

Also, if some1 leaves the US while extension is in progress, its deemed as abandonment of status. Please share your experiences/knowledge/understandings.

[Libra_14]

Good topic.

Legally one can stay after 240 days, but cannot work & mostly people returns to their home country for 2 reasons.

1. What if USCIS made a decision of rejection & they are missing the response in mail - this situation makes them unauthorized stay (overstayed) - no one would like to risk this
2. Since one cannot work & hence won't be paid - though few can support themselves, but still its good to go back & spend some time with extended family

Companies CANNOT pay legally for that period.


Second, if the primary applicant leaves USA while his extension application (I129) is in process the application will still continue & he can return once the application is approved.

[ratedguy]

Thanks Libra, Are you sure about the last line? I've read at other places/forums that leaving the states while extension is in progress is considered as Abandonment of Status. Please confirm if any1 literally did this i.e. left States while extension was in progress and were successful in getting the case approved.

[Libra_14]

Thanks Libra, Are you sure about the last line? I've read at other places/forums that leaving the states while extension is in progress is considered as Abandonment of Status. Please confirm if any1 literally did this i.e. left States while extension was in progress and were successful in getting the case approved.

You can consult an attorney to be 100% sure. Below is some explanation, where people gets confused.

Primary applicant files I129 - which is petition of non-immigrant worker.
So, if you leave USA while your I129 is under processing, it does not makes any difference. The application processing would continue & you can return to USA once that is approved.

Dependents files I529 - which is extension of stay (EOS).
However if you leave USA while your "extension" application is under processing, then you are abandoning it - making that application void (if you are not staying in USA, then how can you extend your stay). You will be questioned upon next entry, as to what happened & why you left late (after I94 expiry), that time you'll need to provide proof of I539 submission etc.

Hope this helps.

[ratedguy]

Got it! Thanks for the info. As I94 could have been already expired in such case, how could the justification be given for next entry? As in merely showing extension receipt as a proof that 'Hey, my extension was filed so i stayed 240days even after I94 expiry'

Was just looking in case someone has first hand experience of this.

[Libra_14]

Got it! Thanks for the info. As I94 could have been already expired in such case, how could the justification be given for next entry? As in merely showing extension receipt as a proof that 'Hey, my extension was filed so i stayed 240days even after I94 expiry'

Was just looking in case someone has first hand experience of this.

Thats why you need extension application response - be in Approval or denial.

[ratedguy]

BUMP. Any1 staying 240days+ or if left US after 240 days while case is in progress (RFE / received) Status and still got approved?

[Libra_14]

I know couple of my team members did that. Got approved & came back to USA.