L1B Individual RFE

[sy2019]

I am on L1B Individual visa currently in USA, My petition & i94 expired in dec 2018, my company has filed extension petition. I am availing 294 days stay. I got an RFE today. I am skeptical on RFE response filing as i see a lot of cases got rejected in the recent past. Can someone help me on these questions

1. Can i withdraw my petition? my i94 expired, so how does it impact ?
2. Do i need to travel back to India and then withdraw to avoid illegal status? or withdraw and travel immediately?
2. If i respond to RFE and if denial happens, how does it impact my future visa filings?
3. My company has filed L1b to H1b conversion recently, if i withdraw L1B extension or denied how does it impact my H1b conversion?
3. Any suggestion which one is better, Withdraw or denial (if it happens)?

[Libra_14]

1. Can i withdraw my petition? my i94 expired, so how does it impact ?

Your employer only can file a service request for withdrawal of your I129. You will just have to leave USA immediately.

2. Do i need to travel back to India and then withdraw to avoid illegal status? or withdraw and travel immediately?

Doesn't matter. Days after I94 expiry will be counted as authorized stay. You might get problem during your next entry, but then you need to keep copies of your I129 application & withdrawal each time & show it to CBP officer at entry that you abandon your application.

2. If i respond to RFE and if denial happens, how does it impact my future visa filings?

No impact. Each visa application is treated on its own merits.
But if you are found doing fraud in this application, then definitely you won't get any visa in future.

3. My company has filed L1b to H1b conversion recently, if i withdraw L1B extension or denied how does it impact my H1b conversion?

No impact. Each visa application is treated on its own merits.

3. Any suggestion which one is better, Withdraw or denial (if it happens)?

If I were at your place, I would never go for withdrawal. Let USCIS deny & then you can appeal that they are mistaken.
Visa/petition denial is not a crime, but showing false/fraudulent information to USCIS is.

[ratedguy]

sy2019 when was the case filed and which service center?

How critical is the RFE and on which topic eg. Specialization, tools or something else? my suggestion would be to not withdraw the case and submit RFE

[sy2019]

sy2019 when was the case filed and which service center?

How critical is the RFE and on which topic eg. Specialization, tools or something else? my suggestion would be to not withdraw the case and submit RFE

extension filed on Nov 2018, RFE for tool specialization, evidences, patents, media releases etc

[sy2019]

Your employer only can file a service request for withdrawal of your I129. You will just have to leave USA immediately.

Doesn't matter. Days after I94 expiry will be counted as authorized stay. You might get problem during your next entry, but then you need to keep copies of your I129 application & withdrawal each time & show it to CBP officer at entry that you abandon your application.

No impact. Each visa application is treated on its own merits.
But if you are found doing fraud in this application, then definitely you won't get any visa in future.

No impact. Each visa application is treated on its own merits.

If I were at your place, I would never go for withdrawal. Let USCIS deny & then you can appeal that they are mistaken.
Visa/petition denial is not a crime, but showing false/fraudulent information to USCIS is.

Thanks

[ratedguy]

extension filed on Nov 2018, RFE for tool specialization, evidences, patents, media releases etc

Was it California service center, i mean receipt starts from WAC? Also, what do you mean by 'availing 294 days stay'. it is 240 days post i94 expiry. Please explain whats 294 days logic.

[sy2019]

Was it California service center, i mean receipt starts from WAC? Also, what do you mean by 'availing 294 days stay'. it is 240 days post i94 expiry. Please explain whats 294 days logic.

Yes, its California, typo its 240 days

[sy2019]

Hi , My company informed me that i got L1B RFE 2 weeks back & listed additional documents required. I am checking my case status online at"https://egov.uscis.gov/casestatus/landing.do" .Online still shows case is received and processing, Any idea why online status is different and not reflecting RFE status

[Libra_14]

Hi , My company informed me that i got L1B RFE 2 weeks back & listed additional documents required. I am checking my case status online at"https://egov.uscis.gov/casestatus/landing.do" .Online still shows case is received and processing, Any idea why online status is different and not reflecting RFE status

Because it is not up-to-date. Do not rely only on this site - various cases where response was received by applicants but status is not updated.

[RexIndicum]

Hi , My company informed me that i got L1B RFE 2 weeks back & listed additional documents required. I am checking my case status online at"https://egov.uscis.gov/casestatus/landing.do" .Online still shows case is received and processing, Any idea why online status is different and not reflecting RFE status

The USCIS case status is not necessarily updated. For example, my petition was approved in March, but to this day it still shows the status that the RFE has been sent and that they are waiting for it.