Status of stay beyond I-94 expiry if L1B extension is denied


infinismall

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A person had a pending L1B extension application with the USCIS and had to stay beyond the I-94 expiry date (While the I-94 hasn't expired, the L1B visa has already expired) to learn that eventually the L1B extension has been denied. In that case,

(a) Is the stay beyond the I-94 expiry considered illegal (out-of-status)?

(b) Will this cause problems/additional questions during the future entry or visa application interviews?

Apologies if these have been answered already - a simple search didn't return answers to these specific questions.

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Ordinarily, if a petition to extend status is timely filed and then the foreign national beneficiary's I-94 expires, the beneficiary remains in a period of authorized stay while the petition is pending. If the petition is denied, the foreign national would generally fall out of status and begin to accrue unlawful presence starting from the day the denial is issued.

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Thanks for that answer. That's the opposite of what I have heard from others.

On a related note, what if the employer withdraws the L1B extension application (upon receiving a RFE), when does a person's stay start to become out-of-status? Starting from the day the application is withdrawn? Or Starting from the day I-94 expired?

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