L1 RFE Withdrawl & Out of Status

[aruunkumar]

Hi,

I applied for my 2nd L1 visa extension (to redeem my vacation and other periods of stay outside the US) and got an RFE. In the meantime my visa has expired. I'm not planning on responding to the RFE firstly because the chances of denial are more and secondly because I have only about 6 months left on my L1 visa. My question is, would I accrue out of status days if I decide to not respond to RFE and withdraw my case and leave the US before the RFE respond by date? My visa expired on Oct 10^th but extension was filed on time i.e. before Oct 10th and my RFE respond by date is Dec 22^nd. So for instance say I leave the country on Dec 15th and withdraw my petition. Would my stay from Oct 10^th to Dec 15^th be considered 'out of status'? Would it have any negative repercussions in future? Any thoughts/advise on this is appreciated.

Thanks