L1 Blanket - I94 extn (may be denied)

[SudharDhanu]

I have received a RFE from the USCIS, for my L1B Blanket I94 extension petition and we are going to respond to RFE this month end.

If my petition comes back as DENIED, by when should I leave US? People say that 30 days, is it true?

And am I allowed to process a H4 (my spouse holds H1) without leaving US after getting a DENIED status from USCIS for my L1 extn? Kindly let me know. Appreciate your help!!!

[raghvi]

L1 Blanket - I94 extn (may be denied)

Why not go for premium processing for the L1 extension, get that issue resolved within 15 days. If the extension request gets denied you became illegal in the U.S. from the day your I-94 expired. You are supposed to leave immediately. There is technically no grace period.. Every day you spend after the extension denial notice , you are unlawfully in US, and the longer you stay illegally in US the lesser chances of you returning here on any visa. If you leave after accumulating 180 days of unlawful presence then you are barred from obtaining another visa for 3 years. As for COS to H4, as your I-94 has expired , you would have to go out of US, file for H4, get it stamped, and then come back. This is my opinion, do consult with an expert immigration attorney too.

[kabkaba]

If extension of status is denied and if your current I-94 has expired, you have to leave the US immediately. Any change of status is not possible.

If I-94 has not expired, you can continue working until the I-94 date and change of status is possible.

[SudharDhanu]

Thanks Raghvi and Kabkaba.

[SudharDhanu]

Denied!

Unfortunately the petition was denied on 02/23.. I might have to wind up in next week.....

[raghvi]

Unfortunate. Ask your employer to file L1 Individual or H1B am sure you will have better chances.

[SudharDhanu]

Case Re-Open

Can we do a case re-open? is there a way to do it? also can we do it for L1 I94 extensions?

Please let me know. Thanks!

[kabkaba]

They can try to reopen, but that does not give you legal status. Chances of approval are very low.