L1/2 extension in the USA

[Brett]

Hi Good day,

I have filed for an extension of stay for our L1. We are in the California processing center. Can you tell me how long it took to get an extension notice/approval after receipt from USCIS. Our application for extension was receipted on the 5th September by USCIS. When do you think we will get an answer and are RFE common on these extensions. Our visa expires February 2023 and getting concerned.

Thank you and appreciate recent experiences.

[newacct]

US visas are solely for entry and have no bearing on your stay inside the US. You just have to enter on or before the expiration date of the visa. You do not need to get a new visa while you are in the US, since if you are already inside the US, you do not need to enter (and you cannot get a new visa while you are in the US anyway, since US visas are only issued by US consulates abroad).

Your stay in the US is governed by your status, as given on your I-94. You already applied to extend your status, and you can stay in the US while the extension of stay application is pending, no matter how long it takes.

[Brett]

Thank you, I understand but how long has responses from USCIS about the extension take. Are RFE common for an extension?

[Libra_14]

RFEs are not common, but truly on need basis. For L1 extension you can assume ~6 months & ~10 months for L2. You can opt for premium processing of L1 (with a fee). L2 doesn't support premium processing.

[Brett]

Thank you, I’m worried for some reason our extension is denied even though our info and work is stable/correct. Are denials high for extensions Libra_14 and how long after the denial do you have to leave the USA? We want to rent a new place but not sure whether to sign a lease,1year lease.

[Libra_14]

Are denials high for extensions

Not at all, if you are approved for a visa once & just doing extension (and no changes in your circumstances or anything which might concern USA's security, like DUI or any arrest etc.) high chances you'll get approval.
Is it L1A or L1B ? L1B has slightly high rate of rejection compared to L1A - as you've to prove that you still need that highly skilled person in USA.

how long after the denial do you have to leave the USA?

Not 100% sure, with denial notice you'll have a date printed by when you'll have to leave (ideally it is 60 days from denial notice).

You can safely consider 30 to 60 days for your lease planning.

[Brett]

Hi Libra_14 thank you so much for the response. We have no major changes and only doing the extension for L1A The only change is salary went up compared to when we got visa. Other than that the job title and everything is the same. The company is going to file i140 soon as well. We are just worried the extension is denied and we would have to leave.hope the approval notice comes through soon as it’s been almost 2 months. Thanks again for your help.

[Libra_14]

Stay positive, you'll get approval soon.

And if the wait time (~6 months for normal processing) is annoying, you can go with premium processing for some fees & can get response in 15 days.