L1A Extension - RFE - What are the next steps

[lggoundalkar]

Hi,

My current status is :
I-94 Expired: 31-Jan-2012
L1B Expired: 31-Jan-2012
L1A Petition applied on 16-Jan-2012 Premium Processing
RFE Recieved: 27-Jan-2012.

RFE is asking for Company information and evidence of my activities in foriegn country as manager or executive role.

Question:

If post RFE petetion is rejected, do i have option to apply for L1B while staying in the USA?
Can I challenge or re-open L1A petition to consider as L1B category ?

Do I need to return to India if my petetion is not approved?

[Triple Citizen]

Are these dates correct?

I-94 Expired: 31-Jan-2012
L1B Expired: 31-Jan-2012

[lggoundalkar]

Are these dates correct?

Yes.

My L1A application was submitted on 16-Jan-2012. However, L1B and I-94 are currently expired.

[Triple Citizen]

Well your EOS was filed before your status expired, so you are good until it is adjudicated.
I have heard of cases where people went from L-1B to L-1A status but not the other way around. I am not saying that it cannot be done. Keep mind, your total authorised stay in the US will go from 7 years to 5 years in that case.
If you cannot extend your L-1A status or change to L-1B status, then you will need to return to India.

Yes.

My L1A application was submitted on 16-Jan-2012. However, L1B and I-94 are currently expired.

[lggoundalkar]

Well your EOS was filed before your status expired, so you are good until it is adjudicated.
I have heard of cases where people went from L-1B to L-1A status but not the other way around. I am not saying that it cannot be done. Keep mind, your total authorised stay in the US will go from 7 years to 5 years in that case.
If you cannot extend your L-1A status or change to L-1B status, then you will need to return to India.

Since my current L1B is expired, if L1A application is rejected, can I apply for L1B again staying in the US ? Or USICS will consider original application of L1A and grant L1B instead of L1A ?

Thanks,