Authorized extension - Attorney please help

[cooltoo8190]

Hi,

Once the L1B visa extension is filed with USCIS one can stay legally stay on receipt number for 240 days after I-94 is expired and extension is pending

I am aware that if ext. is denied then there is 3 yrs bar if one over-stays for more than 180 days illegally and 10 yrs bar if one stays for over-stays for 365 days illegally. The illegal day 1 here starts after I-94 expiration. Please correct me if i am wrong.

I also came across something called as 120 unlawful days. Can you please explain how 120 unlawful days stay relates to 3yrs and 10yrs bar. And what is difference between 120 unlawful days and 180 illegal days. Please help.

[Attorney_23]

A foreign national ordinarily remains in a period of authorized stay for a period of up to 240 days if a petition to extend L-1B status is timely filed. If the petition is denied, the foreign national must generally leave the U.S. immediately or else he/she will begin to accrue unlawful presence.

If a foreign national accumulates 180 days of unlawful presence and then leaves the United States, this generally triggers a 3 year bar. After 365 of unlawful presence, the foreign national would generally trigger a 10 year bar if he/she leaves the U.S.

If a foreign national accumulates less than 180 days of unlawful presence and then leaves the United States, no automatic bar is triggered. There is no specific penalty dealing with 120 days of unlawful presence. Rather, if a person is unlawfully in the U.S., whether it be for 1 day or 120 days, he/she runs the risk of being put in removal/deportation proceedings. Moreover, the next time he/she applies for a visa, the foreign national would need to reveal this overstay in the DS-160. But, it would not generally serve to make the individual automatically inadmissible.

[cooltoo8190]

If extension is denied, The unlawful presence of Day 1 triggers after I-94 expiration date or the day extension is denied?

[Attorney_23]

Ordinarily, it begins when the extension is denied (assuming the I-94 card expired prior to this date.)

[duivisa]

If I-94 is not expired prior to denial date then ? still there will be unlawful presence days counted ?

My extension is in process. My Visa expired in Aug 2011. My I-94 is valid till Apr 2014. So in case if my visa gets rejected, Till what time I can stay and work in US ?

[Attorney_23]

Sorry, just to clarify, your current L1 status is not set to expire under 2014, yet your employer has already filed a petition to extend your status? Or, are you filing an application for a new visa?

[kattu786]

Hi Attorney ,

Sorry for hijacking the thread.

If a person has done L1 to H1 COS and has worked for almost 17 days with the L1 employer after the H1 approval , does anything needs to mentioned in DS 160.What should be answer to

"Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa" ?

[Attorney_23]

You may have violated your status. However, I would need to review your documents to make such a determination. You may wish to schedule a consult with an experienced attorney.

[duivisa]

me earlier question -

If I-94 is not expired prior to denial date then ? still there will be unlawful presence days counted ?

My extension is in process. My Visa expired in Aug 2011. My I-94 is valid till Apr 2014. So in case if my visa gets rejected, Till what time I can stay and work in US ?

Attorney_23 answer -

Sorry, just to clarify, your current L1 status is not set to expire under 2014, yet your employer has already filed a petition to extend your status? Or, are you filing an application for a new visa?

My response -

My employer has filed my extension saying that MY L1 Blanket petition on individual level is expired. They accept the fact that L1 blanket petition have indefinite validity, but they say indefinite validity its at the company level, at individual level your petition expires. I am not sure if thats true.

So In my case the unlawful presence days will be zero right ?

In my case actually do I really needed an extension processing ? or with valid I-94 till 2014 I can stay and work with my existing L1 blanket petition ?

[kattu786]

You may have violated your status. However, I would need to review your documents to make such a determination. You may wish to schedule a consult with an experienced attorney.

Attorney ,

Now I have joined my H1 employer .Would that 17 days be counted as out of status period or I am doing something unlawful till date.I mean does that out of status keeps on accumulating or am i back in status the moment I join H1 employer

[Attorney_23]

My employer has filed my extension saying that MY L1 Blanket petition on individual level is expired. They accept the fact that L1 blanket petition have indefinite validity, but they say indefinite validity its at the company level, at individual level your petition expires. I am not sure if thats true.

So In my case the unlawful presence days will be zero right ?

In my case actually do I really needed an extension processing ? or with valid I-94 till 2014 I can stay and work with my existing L1 blanket petition ?

Sorry, but I just don't understand what you (or your employer) means by this. Yes, a blanket petition can be improved for an indefinite period, but an L1 visa would essentially never be valid indefinitely. However, the validity of your visa is different from the validity of your I-94. If your I-94 is valid until 2014, I am not clear as to why your employer is filing an extension. You really need to forward your documents to an experienced attorney to review and assist you in this matter.

[Attorney_23]

Attorney ,

Now I have joined my H1 employer .Would that 17 days be counted as out of status period or I am doing something unlawful till date.I mean does that out of status keeps on accumulating or am i back in status the moment I join H1 employer

I'm sorry, but I would need to review your documents to properly respond to such a specific question.

[tanoop]

Attorney,

The below mentioned is my case. I want to ensure that this will not cause any reentry issues in future.

My I-94 expired on 9-Feb and the I797 receipt date is 9-Feb. I was told in my L1 extension receipt that I can stay & work in US for 240 days as long as my pettion is pending. My extension was denied on 215th day (11-Sep).

In the denial notice it is mentioned that this decision may leave you without lawful immigration status and you are required to depart immediately. I am leaving on the 6th day of expiry. So I stayed so far of 221 days.

I have seen a clause in USCIS on 180 day rule. Section 212(a)(9)(B) says 3 yrs and 10 yrs bars. In this case, will this cause any issue to my reentry in US? Are these 180 days counted from my denial notice or from date of i-94 expiry?

The Three and Ten Year Bars

→ Section 212(a)(9)(B)(i)(I) makes inadmissible any alien who “was unlawfully present in the

United States for a period of more than 180 days but less than 1 year . . . [who] again seeks

admission within 3 years of the date of such alien’s departure or removal.” Likewise, section

212(a)(9)(B)(i)(II) makes inadmissible any alien who “has been unlawfully present in the

United States for one year or more, and who again seeks admission within 10 years of the

date of such alien’s removal or departure.”

[sathya.prakash]

Hi,

 

I'm posting a query for very first please apologize if i'm hijacking the thread.

 

Very much in the confused situation, please help..

 

Currently my L1-B & I-94 has expired, Had applied for L1-B extension before expiry of I-94,

Will be completing 240 days of I-94 expiry in coming 10 days.   As a back up option my Company has applied for UK Visa and my passport is with UK consulate for UK Visa Stamping.

 

Query ::

 

If i do not receive my passport from UK consulate with in next 10 days, i will be crossing 240 days from the date of I-94 expiry.

 

What can be done in this situation ?

Please suggest if i can leave USA to my home country without passport, so that i'm not staying in USA unlawfully and  later my company can courier me my documents 

 

                           OR 

 

Can i wait until USCIS responds to L1B extension petition even though i will be crossing 240 days after I-94 expiry.

 

Appreciate your response.

 

 

Regardds