Trouble of extending I94/L1

[coria]

Hi, here is the story:
My I94 expired on 2/28/2011 and my employer has filed I129 extensition before that date, I got the RFE on Mar and provided RFE doc on Jun, but till now the status on USCIS website is still "Request For Evidence"; I am very near to the 240 days "grace period" and I have to leave before 10/26/2011. Meanwhile, my employer is submiting a "expedite" request to USCIS to get the updates.

I have below questions:
1) As my L1 Blanket VISA is still valid through Dec/2012, so if I go back to my country and re-enter US, do I need to re-stamp the L1 VISA?
2) In case USCIS rejected the I94 extension, will my L1 VISA still be valid to Dec/2012? Can I still come back to US with it and get a new I94?

Thanks a lot!

[raghvi]

1. As your Visa is valid till Dec 2012 you would not need to go for re stamping. Its a different matter that you would eventually file for an extension of Visa next year or for fresh one i.e. in 2012.

2. If USCIS rejects I94 extension, your stay would be illegal and you would have to leave immediately. But you can always go to out of US and and return on a new I-94, but in most likelihood your new I-94 would be valid only till Dec 2012.

Note : This is based on my opinion and little bit of reading around I have been doing. I may be completely wrong.

[coria]

Thanks raghvi!

I have already planned to leave on 10/24, hope it won't have any negative impact even my I94 extension is rejected. If this worst case happens, it will be great if the L1 VISA itself is still valid then I can re-enter US! I was worrying the VISA may be automatically invalid if I94 extension is rejected.

[coria]

Unfortunately, USCIS recently denied my I94 extension... but based on raghvi's reply below it seems I can still travel with my old VISA as it is still valid till Dec-2012, is there anyone had simliar experience before? I just want to confirm this, which is great if the old approved VISA still allows me to travel, as I got a different answer saying I cann't travel from justanswer.com...

Any help is appreciated!

1. As your Visa is valid till Dec 2012 you would not need to go for re stamping. Its a different matter that you would eventually file for an extension of Visa next year or for fresh one i.e. in 2012.

2. If USCIS rejects I94 extension, your stay would be illegal and you would have to leave immediately. But you can always go to out of US and and return on a new I-94, but in most likelihood your new I-94 would be valid only till Dec 2012.

Note : This is based on my opinion and little bit of reading around I have been doing. I may be completely wrong.