fromdips82 Posted December 26, 2012 Report Posted December 26, 2012 1. I was in US between April 2010 and November 2012 i L1B Blanket. 2. My visa as well as I-94 both had expiry date middle of October 2012. 3. My company filed for an extension petition on third week of August 2012 in premium processing so that we get the decision from USCIS before my visa/I-94 expiry date. 4. However I got RFE from USCIS in 2nd week of September. USCIS gave me time till end of November to answer my RFE. It took some time in preparing the RFE response and we sent RFE response to USCIS in the last week of October which is a month before USCIS RFE submission deadline. 5. However I wasn't lucky and my company received letter from USCIS in 3rd week of November that my petition has been declined as "my current position in US doesn't require and specialized knowledge". My company notified me the same day they got the letter and I left the country within 10 days after my company notified me. 6. In this process I stayed 45 days "illegally" in US. More specifically my visa/I-94 expired on middle of October and I left US end of November. Therefore 45 days of w/o status of stay. However it happened only because of RFE as we went for premium processing to get the decision before my visa/I-94 expires. 7. My question is this "unintentional illegal stay" going to create any negative impact in my H1B petition approval or H1B visa interview for the year 2013? Do you think my visa may get rejected again because of this or it is not going to impact at all in my H1B stamping?
Attorney_23 Posted December 26, 2012 Report Posted December 26, 2012 When a petition to extend L-1 status is timely filed, a foreign national typically falls into a period of "authorized stay" after his/her I-94 expires. If the petition is denied, the foreign national generally falls out of status and begins to accrue unlawful presence from that point forward. A foreign national who remained in the U.S. for a week or two after an extension petition is denied should reveal this information whenever prompted (e.g. DS-160, etc.) Typically, consulate officers will not automatically deny issuance of a visa simply because the foreign national previously had a few weeks of unlawful presence following the denial of a petition to extend status.
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