infinismall Posted May 7, 2012 Report Share Posted May 7, 2012 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. Link to comment
cooltoo8190 Posted May 7, 2012 Report Share Posted May 7, 2012 It is unclear from your question if I-94 was expired when you got denial or is still valid? Link to comment
infinismall Posted May 7, 2012 Author Report Share Posted May 7, 2012 I-94 had expired for several weeks when the denial was received. Link to comment
kalyan_ac Posted May 7, 2012 Report Share Posted May 7, 2012 You were out of status and can come back to bite you at a later time. Link to comment
Attorney_23 Posted May 8, 2012 Report Share Posted May 8, 2012 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. Link to comment
infinismall Posted May 9, 2012 Author Report Share Posted May 9, 2012 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 Starting from the day the application is withdrawn?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? Link to comment
kalyan_ac Posted May 9, 2012 Report Share Posted May 9, 2012 The day the I94 expired. Link to comment
cooltoo8190 Posted May 9, 2012 Report Share Posted May 9, 2012 If L1B extension is withdrawn the person goes out of status once USCIS accepts the withdrawal. Link to comment
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