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Hi,
My I-94 will expire on 30-APR-2012, L1-B extn Denied (i-94 Extension) but my L1-B is valid till Mar 2016. I'm currently in US on L1B Visa (Company Transfer).
Issue:
First time I came to USA on APR-2011 and went back to India on OCT-2011. Again I came in US in DEC 2011 and my passport was expiring in APR 2012, so the immigration officer gave me I-94 validity till APR 2012. Now I renewed my new passport at Chicago Indian Embassy. My company filed a L1 extn (for i-94 extension), my company received a RFE on L1 extn (for i-94 extension),. My company replied to RFE on Mar 15, 2012.On 28-Mar-2012, I received an email from USCIS that my L1-B extn (for i-94 extension) has been denied.
My Company answer:
Since your Extension of Status was denied by USCIS, citing lack of specialized knowledge, you need to exit the US as soon as possible. As per our in-house legal counsel, if you try to re-enter to the US with your existing visa, there is a chance that you will not be allowed entry- since the underlying petition for this visa has been denied- in spite of the fact that you continue to hold an L1 visa, valid till 2016 and holds a blanket petition.
Need clarifications:
1) Can I go back to India and return to USA using my existing valid visa? At the time I will get the new i-94? Or I need to apply fresh L1-B visa?
2) At the time of coming back to USA, POE (Port Of Entry) will ask any questions about my i-94 extension denial?
3) Is there any change, I will not be re-entering into USA?
4) I-94 Extension got denied but L1-B valid visa, if I go back to India and tries to re-enter to the US with your existing visa, is there a chance that I will not be allowed entry?
Kindly request you please help to clarify my above query
Thanks in advance.
Regards
Subbu
My I-94 will expire on 30-APR-2012, L1-B extn Denied (i-94 Extension) but my L1-B is valid till Mar 2016. I'm currently in US on L1B Visa (Company Transfer).
Issue:
First time I came to USA on APR-2011 and went back to India on OCT-2011. Again I came in US in DEC 2011 and my passport was expiring in APR 2012, so the immigration officer gave me I-94 validity till APR 2012. Now I renewed my new passport at Chicago Indian Embassy. My company filed a L1 extn (for i-94 extension), my company received a RFE on L1 extn (for i-94 extension),. My company replied to RFE on Mar 15, 2012.On 28-Mar-2012, I received an email from USCIS that my L1-B extn (for i-94 extension) has been denied.
My Company answer:
Since your Extension of Status was denied by USCIS, citing lack of specialized knowledge, you need to exit the US as soon as possible. As per our in-house legal counsel, if you try to re-enter to the US with your existing visa, there is a chance that you will not be allowed entry- since the underlying petition for this visa has been denied- in spite of the fact that you continue to hold an L1 visa, valid till 2016 and holds a blanket petition.
Need clarifications:
1) Can I go back to India and return to USA using my existing valid visa? At the time I will get the new i-94? Or I need to apply fresh L1-B visa?
2) At the time of coming back to USA, POE (Port Of Entry) will ask any questions about my i-94 extension denial?
3) Is there any change, I will not be re-entering into USA?
4) I-94 Extension got denied but L1-B valid visa, if I go back to India and tries to re-enter to the US with your existing visa, is there a chance that I will not be allowed entry?
Kindly request you please help to clarify my above query
Thanks in advance.
Regards
Subbu
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