L1B extension - RFE - 180 or 240 days ?

[vbwer]

Hi,

I am on L1B visa (Blanket), my visa and I-94 expired in 15-May-2011. I first travelled to US in June-2008 and stayed in US till June-2009(abt 1 year). Then I was out for abt 8 months and I came back in Jan-2010, since then I am in US.

I submitted my L1B extension in apr-2011, got RFE in Aug-2011, submitted response to RFE in Oct-2011 and still waiting to know the decision from USCIS.

When I submitted for the extension (back in apr-2011), I received a receipt notice from USICS and with the following comment:
"...As per USCIS rules [8 CFR sec. 274a. 12(b)(20)], the individual can stay in the US for a maximum period of 240 days from the date of expiry of I-94, if the petition for I-94 extension has been filed with the USCIS and the same is pending with USCIS for decision. "

I have following questions:-
1. I have heard (not sure) that if I stay beyond 180days and my extension is denied, then i will have my status as illegal stay since 15-may-2011, and I may get ban from entering US in future. Which one is correct 180 days or 240 days?

2. Is it possible to withdraw the extension and leave U.S. immediately, and apply a fresh VISA from the home country?

3. If my VISA extension gets approved (let's say for 2 years from may-11 to may 2013) and I complete my 5 years. Then how many days I will have to wait to reapply a fresh VISA. (I was out for 8-months, Will that be counted) ?

Please advice.

Thanks.

[shervin143]

1. I have heard (not sure) that if I stay beyond 180days and my extension is denied, then i will have my status as illegal stay since 15-may-2011, and I may get ban from entering US in future. Which one is correct 180 days or 240 days?
>>> If the extension gets denied, then any time spend un U.S after the I-94 expiry date will be considered as illegal stay. USCIS allows yo to stay upto 240 days after filing and extension based on a pending petition after which you should leave the country. But it doesn't mean that your stay was legal if the extension gets denied. This is why USCIS gives you 6 months time to file the extension. Filing the extension at the last minute under a normal process is your mistake. 180 days illegal stay ban applies. The best option is to upgrade your case to premium.

2. Is it possible to withdraw the extension and leave U.S. immediately, and apply a fresh VISA from the home country?
>>> If you do that, then the time spend in U.S after the I-94 expiry date will be treated as illegal stay. Why don't you upgrade your case to premium and get a result within 15 days?

3. If my VISA extension gets approved (let's say for 2 years from may-11 to may 2013) and I complete my 5 years. Then how many days I will have to wait to reapply a fresh VISA. (I was out for 8-months, Will that be counted) ?
>>> You have to stay out of U.S for 1 whole year. The 8 months inbetween doesn't count.