India travel when RFE recieved for L1A extension.

[riyapaul]

Hi ,

My L1A expires in June 2011. I just got an RFE for my extension application (March 22nd). We have planned a trip to India in April. I'll be coming back on April 23rd. I don't know the details about RFE.

Is it ok to continue with my travel plan?

Thanks,
Riya

[kabkaba]

It is not a good idea to leave the US when your extension application is pending. Wait for it to get approved.

[riyapaul]

Thank you sir for the reply .

What is the time line for replying for RFE?

Is there any particular reason for not to travel even though i have valid visa until June mid?

My mom's condition is very serious. thats why i planned to go. But if i wait to get approval, i have no idea what ll happen. Please advice.

[kabkaba]

L1 petition filed by your employer has two parts, first work authorization and second extension of your status. There is no status when you are outside the US. So the second part may get denied. Also, even if approved, the approval notice will have your previous I-94 number and when you return at port of entry you will get a new I-94 number. This means there is confusion about your exact status.
If your travel is unavoidable, I will advise you to go ahead with your plans and return with a new I-94. If extension of status is denied, you will then have to leave and return one more time to get it.

[riyapaul]

Thank You once again. I decided not to travel . What my lawyer suggested was if i travel, i cannot come back until any decision is made on my case. Anyways another two months , i decided to wait