2012ank Posted January 3, 2013 Report Share Posted January 3, 2013 Hi, Here is my case -My company filed L1B extension for me and got an RFE. -Company's Attorney filed response in Nov 2012 for RFE. -Now my 240 days of grace period is expiring and decision is still pending from USCIS. Question- -As my 240 days of grace period is expiring i can not work in US. Can i travel back to India and wait for the USCIS decision and if it is approved i can get the VISA stamped in India and come back? -Is there any adverse effect of my travelling to india while decision is still pending? Link to comment
krpratap Posted January 3, 2013 Report Share Posted January 3, 2013 Can you let me know your RFE Response date and service center. I am in the same boat waiting for result. Link to comment
2012ank Posted January 6, 2013 Author Report Share Posted January 6, 2013 it is with VSC and 60 days completed. Link to comment
2012ank Posted January 7, 2013 Author Report Share Posted January 7, 2013 Any suggestions please... Link to comment
Attorney_23 Posted January 7, 2013 Report Share Posted January 7, 2013 In general, if a petition to extend status is filed, the beneficiary may leave the U.S. and then apply for a visa with the petition, assuming it is approved. Link to comment
2012ank Posted January 7, 2013 Author Report Share Posted January 7, 2013 Thanks for your response! It would be great help if you can suggest me on the other question as well... -Is there any adverse effect of my travelling to india while decision is still pending? Link to comment
Attorney_23 Posted January 8, 2013 Report Share Posted January 8, 2013 In a situation where the foreign national no longer requires an extension of stay (i.e. just requesting approval of the petition which would be used to obtain a visa,) leaving the U.S. while a petition is pending would generally not impact the adjudication of the petition Link to comment
2012ank Posted January 8, 2013 Author Report Share Posted January 8, 2013 Thanks for your response! Link to comment
2012ank Posted January 10, 2013 Author Report Share Posted January 10, 2013 One more question i have... Its more than 60 days since i submitted my RFE response and it still shows under review. If raising a service request can impact adjudication of my petition? it was suggested that converting it to PP at this stage may have a negative impact and thus not going that route. Appreciate your responses on this topic! Link to comment
krpratap Posted January 17, 2013 Report Share Posted January 17, 2013 Did you get the result. Have you raised the service request or PP upgrade ?? Link to comment
Sagar79 Posted July 14, 2013 Report Share Posted July 14, 2013 Sorry to jump in The below mentioned is my case. I want to ensure that this will not cause any reentry issues in future. My I-94 expired on 04 Dec and the I797 receipt date is 04Dec2012. I was told in my L1 extension receipt that I can stay & work in US for 240 days as long as my pettion is pending. My extension was filed on 29Nov 2012. I am still waiting for the decision. till what date I can stay in US and authorize to work ? In case nothing comes up by this month end do I need to travel back ? Do they consider holidays and weekends while counting 240 days or just the working days ? i have applied for H1 and it has been approved by uscis without an I94. The reason provided by uscis says that the L1B extension was denied on 26june 2013 but when I checked my receipt number on Uscis website it's showing " Request for evidence response review ". I have confirmed with my L1 attorney if they have received any notice from uscis and they said NO. Do I need to leave the country or I can wait till I get an approval or denial notice from Uscis. Generally In the denial notice it is mentioned that this decision may leave you without lawful immigration status and you are required to depart immediately. What in case I travel after a week I get the denial notice. Do I need to wait for the email which is generally sent by uscis. I have seen a clause in USCIS on 180 day rule. Section 212(a)(9)(B) says 3 yrs and 10 yrs bars. In this case, will this cause any issue to my reentry in US? Are these 180 days counted from my denial notice or from date of i-94 expiry? Could anyone reply please Link to comment
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