L1A RFE and next Steps

[lggoundalkar]

Hi,

I have applied for L1A petition and my current L1B is expired on 31-Jan-2012. Currently I am in US and recieved RFE for my L1A petetion.

I would like to what are the next steps if L1A petition is rejected

a. Can appeal for rejection reconsideration ?

b. Can I apply for L1B while staying in the US?

c. Do I need to leave US or use my exisitng B1 in lieu of L1 or H1 ?

what options I have and next steps i need follow to having legal employment in the USA.

Thanks,

[Attorney_23]

Ordinarily, a foreign national must be in valid status at the time a petition is filed in order to be granted a change of status by USCIS. After a petition to extend status/change to L1A status is filed, the foreign national generally remains in a period of authorized stay after his/her status expires and the petition is pending (up to a maximum of 240 days.) However, USCIS will ordinarily not approve a change of status petition filed during this time period.

A petitioner can generally file a motion/appeal if an L1 petition is granted. However, while the appeal is pending, the beneficiary would generally be considered to be out of status and accumulating unlawful presence.