L2 Extension denied & for L1 Extension decision is still awaited - Urgent - Attorney Please Help.

[Sid2000]

My spouse is on L1B visa which got expired on Aug 01' 2011 & I am on L2 visa which also got expired on Aug 01' 2011.

In the month of Jul 2011, my spouse employer filed extension for L1 as well L2. In Nov 2011 we got RFE & to which the reply was filed well before the deadline.

Recently, I got the letter from USCIS intimating that my L2 visa got denied & the reason mentioned was that because the principal applicant was denied visa. But neither we nor my spouse employer received any intimation from USCIS regarding denial of my spouse visa extension i.e. L1 extension.

When we checked the online status on USCIS website,for my spouse, it shows the status as "Request for Evidence Response Review”. And my online status shows “Initial Review”.

Also want to mention here that my I-94 is valid till March 2014 & my spouse was till Aug 01’ 2011.

I wanted to know, can I stay lawfully in USA till USCIS notifies us regarding my spouse L1 visa extension status, keeping in mind that my I-94 is valid till March 2014.

Appreciate your advise on the above said matter

Thanks

[Attorney_13]

Based on the information provided, it is not clear if USCIS has denied the primary's L-1 petition. One should have the attorney or employer who filed the case call USCIS directly. Online status is not always reliable. It is also advisable to speak directly with a qualified immigration attorney to discuss your case in detail as you may be in the US unlwafully.

In general, if one's extension has been denied and the I-94 has expired, one is accruing unlawful presence and would be required to depart the US before accruing 180 days of unlawful presence as this would trigger a three year bar to return to the US. Furthermore, one in L-2 status is dependent on the primary maintaining L-1 status. As such, it is not clear why one in L-2 would have a longer duration on their I-94 than the primary and should not rely on the longer duration.

Please consult directly with a qualified immigration attorney to discuss your case in detail and determine a customized course of action.