L1B extension denied


Babu1980

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Hi,

My L1B visa and I94 are expired on June 1st 2012. My employer applied for L1B extension before my visa expiry date. After that i got RFE and i responded for the RFE also. I am tracking the case status in USCIS website. On December 14th 2012, the case status changed to "DECISION".

On December 12, 2012, the review of your I129, PETITION FOR A NONIMMIGRANT WORKER was completed. You will be notified of the decision by mail. Please check our website at www.uscis.gov for further updates on your case, including when the decision is mailed. If you have not received the decision within 14 days of the date above, please call customer service at 1-800-375-5283 for further assistance. If you move, please use our Change of Address online tool to update your case with your new address.

I was really confused after seeing this status. I dont know whether it is approved or denied. I checked with my employer. They asked me to wait till the status changed to approved or denied. They told they did not received any document from USCIS.

I was really worried since i am staying in US for 7 months after my I94 expiry date. I went to the local USCIS office on Jan 7th 2013 and requested them the status of my petition. The officer told my petition was denied on December 12th and asked me to check with my employer for further details.

Till today (1/14/2013) the online status did not change and my employer also did not receive the document. My employer is asked me to leave the country as early as possible. I am planning to leave the country with my family next week on December 23rd. Atleast i can leave within 240 days from my visa expiry date.

My question is,

  1. Since i am staying in US after the denial of my extension, How is it going to affect if i am planning to apply for L1A or H1B ?
  2. Do i need to wait before applying any other visa?
  3. Still i did not get the denial notice. How USCIS will calculate my out of status stay? Is it based on their decision date or the notice receipt date?
  4. Do USCIS consider the delay in communication as a reason for my over stay?

Thank you.

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