RFE on L1B extension

H

honeysn

New Member
Hi,
My I-94 (and visa) has expired on Jul25, 2008. My company has applied for extension in June 2008. I have received RFE on Jul28, 2008. The RFE has to be answered before Oct23,2008. I have following two questions:
1) In case my extension request is denied, will my stay till Oct/Nov 2008 (till I receive any decision) will affect my new visa processing in future?
2) In case RFE (extension) is denied, in how many days I have to leave US?

Will really appreciate any help on above questions. Please guide asap. Thanks in anticipation.
 
General rule -- an alien begins to accrue unlawful stay if the alien stays beyond the expiration of the latest I-94.

The process of counting unlawful stay is tolled for 120 days during the pendency of an application, if the petition was filed before the I-94 expiration.

So, in your case, if your L-1 extension is eventually denied, take out 120 days from your most recent I-94 expiration and the remaining would be your unlawful stay.

If total # of unlawful days is > 180 but < 365, you will not be allowed to enter US for next 3 years; if it is > 365, for next 10 years.

Unlawful stays can also pose a problem during further visa stampings. However, if you have all facts, you will be able to overcome this limitation.
 
I just realized I inadvertently misstated something in my previously reply. If your petition is eventually denied, you will start to accrue unlawful days right from day one since your I-94 expired. 120 days removal does not apply here; it is only used to let an alien stay in the US during pendency of a petition even after I-94 expiry date.
 
Thanks for clarification. Since most of the questions raised in RFE are company related (intra company transfer), I am not sure of decision in my case. Now if I get the result by Nov/Dec and if its denied, I will be considered in unlawful state for more than 120 days but less than 180 days (as I-94 expired in July 2008). Will my records of I-94 extension and records stating denial related to company issues only can help me in overcoming the questions of unlawful status during new visa interview. Kindly advise whats the best approach in this situation. Thanks a lot for ur help.
 
Guys, unfortunately my extension got denied and I came back to India with 2 weeks after receiving the denial notice. Can I apply for new visa from India again? Does the RFE rejection will have any impact on my new L1B visa petition? Please guide on the options available to me. Thanks
 
L1B Blanket I94 rejected.

honeysn said:
Guys, unfortunately my extension got denied and I came back to India with 2 weeks after receiving the denial notice. Can I apply for new visa from India again? Does the RFE rejection will have any impact on my new L1B visa petition? Please guide on the options available to me. Thanks
Click to expand...

Hi,

I am exactly in same position. My L1B extension got rejected in Nov 2008 and I returned back after 2 days I recieved notice. We filed extenion on May before I-94 expiry date and recieved RFE on specilized skills and denied on Nov. Now I am going to apply for L1B Blanket. Can any one please help me to answer this.

VIsa form has a question Whether your Visa has been rejected ever before? My visa was never rejected but I-94 extension does. So SHould I say Yes or No here.

"Did you overstayed more then the date given by Visa officer".... As everything was filed on time, should I mention all details that I didnt vioulated the law?


Can some one please help on this and if there are any suggestions to overcome this?
 
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