Travel out of US on L1A RFE and re-enter usa on B1/B2

[sandy Dhanjal]

Hi experts, 

i just got RFE in my L1A extentsion petion.

Now i need to travel China urgently for a week. Can i re- enter US on B1/B2 since my L1A is expired and waiting for the approval. 

Thanks

sandy

[pontevecchio]

What would be the purpose of the visit if asked?

[JoeF]

If you travel out of the country while the petition is pending, the extension part of it would get denied because you wouldn't be in any status while abroad.

If you don't have an I-140 pending or approved, you should be able to enter on a B2 visa. But once the L1 is approved, you would have to go abroad and enter with an L1 visa, or the employer would have to file a COS to L1.

With all that complication, it would probably be best if you could delay that travel, if at all possible.