L1B extension filed close to I94 expiry - implications of withdrawal/denial

[rochasman]

Hello everyone,

I'm residing in the US since Sept 2014 on an L1B visa. I have sought one extension which was approved, and subsequently sought another extension by claw back of days spent abroad, which was also approved. My current visa and I94 expire on 1/22/2020. I have found a job in the UK and will shortly start the UK immigration process, but have been informed that the process could stretch into early Feb 2020. My US lawyers have decided to file an I-129S extension with the USCIS for two weeks (further clawing back time that I was abroad during my earlier approved claw back). It is likely that by the time the USCIS review my case I would've left the country. I have two questions that I was hoping to get some clarity on:

1. Should the USCIS reject the extension request, would that mean that my residency in the US beyond 1/22/2020 would be deemed to be out of status?

2. Should the USCIS issue an RFE and my lawyers withdraw my petition, would that mean that my petition is considered denied, and thus Q.1 would apply.

I appreciate your help.

Regards,

[Libra_14]

1. Should the USCIS reject the extension request, would that mean that my residency in the US beyond 1/22/2020 would be deemed to be out of status?

No, not from 1/22/2020, but from the date your extension request is rejected.

2. Should the USCIS issue an RFE and my lawyers withdraw my petition, would that mean that my petition is considered denied, and thus Q.1 would apply.

Withdrawal would put you in out-of-status, so let it go as normal.

[ratedguy]

rochasman - what did you ended up doing? i am looking for recapturing 30+ days remaining in my maxout. do you think its advisable? i would still have my I94 valid for couple of more months.