L1B, I-94 expired. RFE on I-94 extension

[skyzen]

Hi,

My L1-B and wife's L2 visa and I-94s expired in August 2011. My employer filed an I-94 extension petition prior to expiration and now have received an RFE on same.

The company legal is suggesting to withdraw the extension petition and apply for a fresh L1-B from India. I am confused on what will be the steps:

1. Company legal starts preparing a fresh L1 Blanket Petition for me. (Assuming this can be done even if there is another extension petition in pending state)

2. I depart US

3. Company legal withdraw the extension petition (after my departure)

4. I appear for L1-B visa interview in India.

Please correct if these steps are wrong. Also, can there be any problem in getting new L1-B given that i have overstayed the I-94 date? Is there a minimum number or days i should be outside US before appearing for a new VISA of same category?

Any help will be appreciated.

[Attorney_23]

Ordinarily, a person in valid L1B status remains in a period of authorized stay if an extension is timely filed. It is possible to withdraw such an extension and then file a new petition, although this is usually not necessary.