L1-B RFE and best course of action

[pbs123]

Hi

My I-94 on L1-B has expired in 15 Jan 2012 and I have applied for petition extension in the first week of Jan 2012.

I got L1-B RFE and RFE has multiple questions. They are repetitive in nature to what I have already submitted in my PRD.

I have response time to sumbit upto last week of July 2012 and my 240 days of stay beyond I-94 expiry around 15 Sep 2012.

I seek advise on below questions with current denial rates on petition extension.

1) Is it advisable to get a denial if there is plan to apply for H1 later. What are L1-B denial consequences on future L1-A or H1-B.

2) When RFE is given, is it advisable not to respond to the RFE and return to India by handing over current expired I-94 data card. If so what are the consequences on future L1-A or H1-B.

3) If we provide the response to RFE by 15 June 2012 and if there is no decision from USCIS even by 30 July 2012, If we leave to India, before the decision process is complete, what are the consequences on current petition process or future L1-A or H1-B.

Thank you for your help in advance

[txh1b]

At this point in time, whatever you do is considered to have negative consequences. After your I-94 expires, only getting an approval will make your stay past the I-94 expiry legal. If you leave, not respond or get a denial, it all does not make a difference as your stay is illegal in all these cases past the date of expiry of your I-94.

[shervin143]

1) Is it advisable to get a denial if there is plan to apply for H1 later. What are L1-B denial consequences on future L1-A or H1-B.
>>> Unless your L1 extension comes through, your stay past the I-94 expiry date will be treated as illegal stay and it can causes issues with the future petitions and visa stamping process.

2) When RFE is given, is it advisable not to respond to the RFE and return to India by handing over current expired I-94 data card. If so what are the consequences on future L1-A or H1-B.
>>> There are questions that clearly asks if you have ever violated the immigration status while filling work / visa or immigration applications. You have to naswer YES to this question and provide explanation (unless the extension gets granted). If your stays past the last 1-94 expiry date is more than 180 days, they can ban you for 3 year from entering U.S. If it is morethan 365 days, you will get up to 10 years of automatic ban from entering U.S.

3) If we provide the response to RFE by 15 June 2012 and if there is no decision from USCIS even by 30 July 2012, If we leave to India, before the decision process is complete, what are the consequences on current petition process or future L1-A or H1-B.
>>> Same as above. Filing the extension at the last minute is mistake number one (USCIS gives you 6 months time to file the extension). waiting so long without providing the response is mistake number two. And accumulating more illegal presence in the country hoping that the extension will get through and not even considering to upgrade the case to premium is mistake number three.