L1B Extension - RFE response

[catchthirumal]

Hi,

Here is the situtation.

My visa expiry date was Jan 2012 and I94 they have given till Jul 2014 when i step in US on July 2011.

Since my visa was expiring, my company applied Visa extension on Dec 2011. I got an RFE in april 2012 and my RFE reponse is due by July.

Is responding to RFE promptly increases chances of approval? or we can respond close to deadline?

Also i am reading some posts that 240 days rule.. Is that 240 days from I94 expiry or L1 extension applied date? If it is i94 expiry, my I94 is only expiring in 2014.

Please respond. Thanks in advance.

- Thirumal

[shervin143]

Why did you file the extension when you have an I-94 that is valid until 2014? Then what is the point in issuing an I-94 till 2014? If you have to file the extension as of the petition expiry date, then won't the officer at the POE make sure that I-94 is also issued with the same expiry date? You have just unnecessirily complicated the situation. There is no such 240 day rule and it doesn't apply to you as you have a valid I-94 associated to L1 until 2014. If the extension gets declined, then you have to leave the country.

[saras]

To my opinion, whatever you did was correct. Since your visa has expired, you have to apply for extension. Though, I94 is valid till July 2014, it does not matter because if you travel to any other country or to India, you cannot come back to US without valid visa, as your visa is expired.

[shervin143]

Not sure what you are talking about. You cannot extend the visa when you are inside U.S. Only the petition can be extended. And there is no need to extend the petition when the I-94 is valid. I-94 determines until when you can legally stay and work in U.S and the extension need to be filed only 6 months of I-94 expiry date. If not, what is the point in issuing an I-94 at the first place? So there is absolutely no issues as long as the person stays inside U.S with a valid I-94 irrespective of whether the petition and visa are valid or not. If the person leaves the country, then to re-enter a valid petition and visa is required. In that ase, an extension need to eb filed and based on the extended petition, the visa need to be obtained at the consulate. Check with am immigration attornye if you have doubts.

To my opinion, whatever you did was correct. Since your visa has expired, you have to apply for extension. Though, I94 is valid till July 2014, it does not matter because if you travel to any other country or to India, you cannot come back to US without valid visa, as your visa is expired.