L1-B extension processing I-94 Valid

[vprasad85]

Hi,

 

My L1-B extension was filed on 14th March 2013 and my visa expired on 22nd March 2013. My I-94 is valid till 16th March 2015. Current status of extension is "RFE in Review". I am going to complete 240 days soon.

 

1) Can i stay in US if the result is still pending after 240 days.As i have valid I-94

 

2) Also if the extension is rejected or denied does my I-94 will still be valid.

 

Will appreciate your response.

[Attorney_23]

Did you obtain the L-1 visa via your employer's L-1 Blanket?

[vprasad85]

Yes

[vprasad85]

Yes,

 

the i-797 is the generalized L1-Blanket

[Attorney_23]

Generally speaking, a person who enters the U.S. in L1B status pursuant to a visa issued under an employer's Blanket should be granted status for 3 years, unless this would take the person beyond the 5-year limit. The expiration of the visa does not impact a person's existing status. I'm not sure why an employer would file an extension of status when the employee still has an I-94 valid through 2015. A new petition could be filed to enable the person to apply for a new visa; or, the worker could simply apply under the Blanket again. But, you would not generally file an extension.

 

Did your employer file this on their own without the assistance of an attorney?

[vprasad85]

Hi

Could you please update me on my primary query. Thanks.

[vprasad85]

hi,

 

Please anyone respond to the query. Thanks for the help.

[pontevecchio]

You are allowed to stay till March 16, 2015. What is your specific problem?

[vprasad85]

Hi,

 

My Problem is 240 days are getting over on 11th November 2013. If i stay later than that will i have issues entering US later for other Visa types. Also if the L1-B gets rejected still the I-94 is valid or it gets cancelled.

 

Also how much time it usually takes to get the result updated for RFE in Review. As mine 60 days already completed but yet the case is in same status.

[pontevecchio]

You should talk to a Lawyer soon.

[vprasad85]

Hi,

 

My L1-B(Blanket) extension was denied on 13th Nov 2013. The summary of the reasons were below.

 

1. USCIS cannot determine if you hold special knowledge or who perform highly technical duties as “specliaze skills”.

2. The methodologies and tools required to perform duties in your project are common in IT industry.

3. Beneficiary duties do not involve specliaze knowledge.

 

There were no exit date mentioned on the notice as per my company.

 

My question is is my I-94 still valid till 16th March 2015. Also can i stay and work in US legally. Please clarify

[vprasad85]

hi,

 

Could anyone reply on the above please. Thanks