L1 extension denied with expired I 94

[bajajank]

Hi, My wife is currently on L1B and her I 94 was suppose to expire in May 2016. Her company had filed an extension in April 2016 and she got an RFE in Nov 2016 and final denial to RFE response in March 2017. I had filed her I 539 H4 COS with EAD I 765 in october 2016 in parallel for which we are still awaiting decision. What steps can we take next to keep her status legal in USA? If she has to travel back to India what happens to her current H4 COS and EAD applications?

Thanks in advance.

[ataluka]

5 hours ago, bajajank said:

Hi, My wife is currently on L1B and her I 94 was suppose to expire in May 2016. Her company had filed an extension in April 2016 and she got an RFE in Nov 2016 and final denial to RFE response in March 2017. I had filed her I 539 H4 COS with EAD I 765 in october 2016 in parallel for which we are still awaiting decision. What steps can we take next to keep her status legal in USA? If she has to travel back to India what happens to her current H4 COS and EAD applications?

Thanks in advance.

Hello,

Will you be able to help me understand few details about your wife's visa extension dates.

Date when RFE was responded?

Date when Decision arrived?

I am asking this because I am waiting for my decision and trying to judge when can I expect the same from USCIS.

Date when I got RFE: 6th Nov 2016

Date RFE Responded: 13 Jan 2017

Your reply will help me understand how much time it took for you to get the decision after submitting the RFE.

Thank You in Advance,

Akash Deep

[ataluka]

5 hours ago, bajajank said:

Hi, My wife is currently on L1B and her I 94 was suppose to expire in May 2016. Her company had filed an extension in April 2016 and she got an RFE in Nov 2016 and final denial to RFE response in March 2017. I had filed her I 539 H4 COS with EAD I 765 in october 2016 in parallel for which we are still awaiting decision. What steps can we take next to keep her status legal in USA? If she has to travel back to India what happens to her current H4 COS and EAD applications?

Thanks in advance.

I think she is already legal to stay in US since you have already applied for her COS in Oct 2016. Denial of L1B should NOT impact her COS application. If she travel back to India, I guess the H4 COS will get auto cancelled when they start processing your wife's application (sinceshe is not available in USA), and she will have to get the new H4 VISA stamping in India based on your H1B Approved 797. 

I am not sure what will happen to the EAD application.

- This is just an advise from best of my knowledge - Akash

 

 

 

[JoeF]

12 hours ago, bajajank said:

Hi, My wife is currently on L1B and her I 94 was suppose to expire in May 2016. Her company had filed an extension in April 2016 and she got an RFE in Nov 2016 and final denial to RFE response in March 2017. I had filed her I 539 H4 COS with EAD I 765 in october 2016 in parallel for which we are still awaiting decision. What steps can we take next to keep her status legal in USA? If she has to travel back to India what happens to her current H4 COS and EAD applications?

Thanks in advance.

I think it is likely that the H4 COS will get denied because it was filed after the I-94 expired.

The only thing that kept her legal was the pending L1 extension. Filing another application after I-94 expiration, even if the person is legal due to another pending application, doesn't cover staying legal.

And of course, a COS is by definition only possible while the person is in the US in a valid status. If the person goes abroad, any COS petition automatically becomes invalid, because the person by definition doesn't have any status while abroad.

An H4 EAD petition won't even be processed until the person is in valid H4 status.

Your wife may be able to get an H4 visa, and if so, can enter with that. Once she is in H4 status, she could file for an EAD again.

 

[bajajank]

Hi Akash Deep, The RFE was replied on 10th Feb and the decision was received on 13th March. Hope that helps.

[bajajank]

Thanks for replying JoeF. Do you know for how long she can further stay in USA? Her employer hasn't received the denial notice with next steps/actions to take, so we don't know the exact reason for application being denied. We just got an email alert from USCIS website that her application was denied and the notice with further actions has been sent and shall be received be end of March.

[ataluka]

On 3/14/2017 at 7:10 AM, bajajank said:

Hi Akash Deep, The RFE was replied on 10th Feb and the decision was received on 13th March. Hope that helps.

Thank You so much. At least it clears that there is no such backlog in USCIS.

I am wondering why I did not receive my case decision still... When it was submitted on JAN 13. Should have received by now.

All the best to you and I hope u get a way to come out of this prob. 

Thanks

Akash Deep

 

[JoeF]

On 03/14/2017 at 7:23 AM, bajajank said:

Thanks for replying JoeF. Do you know for how long she can further stay in USA? Her employer hasn't received the denial notice with next steps/actions to take, so we don't know the exact reason for application being denied. We just got an email alert from USCIS website that her application was denied and the notice with further actions has been sent and shall be received be end of March.

Normally, they give 30 days after denial to leave.

You have to wait for the notice to see what it says.