Thread: Very Urgent Advise Needed: i94 expires in Apr, got RFE on L1B Ext

[shahrock]

Please advise.

Problem:
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1. Option One

We would respond to it under regular processing. Once USCIS receives the RFE response, it would take about 1-2 months to get a decision.
    Because our (me and my wife) status expires after mid-Apr, USCIS’ regular response time may cut close to the expiry date. If the extension is denied, then we would have to depart the U.S. by Apr and apply for a blanket L-1 visa application at a U.S. Consulate overseas.
o        As for which U.S. Consulate to visit, i'm required to hold a Canadian tourist visa in order to enter Canada. So there is additional government processing time involved with the Canadian immigration authority before departing the U.S.


2. Option Two
We would respond to the RFE requesting premium processing. USCIS charges $1,225 for the premium processing service.
    The benefit of converting to premium processing is that we would know the decision from USCIS within 15 calendar days after we file the RFE response. Premium processing helps better manage our departure from the U.S. before Apr if the extension is denied.

3. Option Three

Rather than responding to the RFE, we would withdraw the L-1B extension filing and submit a blanket L-1 visa application at a U.S. Consulate overseas.
·        In theory, the benefit is that there wouldn’t be a “cloud” over my visa application at the U.S. Consulate because there isn’t a previous adverse decision made on my L-1B.
·        If I'm successful in securing a new L-1B visa and able to return to the U.S. before mid-Apr (i.e., also my wife’s L-2 expiry date), we would file an L-2 extension with USCIS for her based on my new I-94 record obtained from trip back to the U.S. The L-2 extension would take care of her L-2 status after Apr.
·        However, if there is a delay in getting the blanket L-1 visa application processed at the U.S. Consulate and I'm  unable to return to the U.S. before mid-Apr, my wife would have to depart the U.S. by Apr to join me overseas.

4. Option Four

Continue with Premium processing of RFE, apply for Canada workvisa in parallel for backup.
    In adverse case of RFE rejection, i can work and stay in Canada and apply for L1/H1 again from there in 6months-1year. This would be an attempt to avoid going back to india and continue earning in $ (CSD,USD ultimately that's the motive)

 

Please explain what option seems best and why along with backups.

Thanks a lot

[pontevecchio]

Only your company and the lawyer will know what the best way to go forward is. You do work for the company. You need to ask the Lawyer why a blanket L1 visa is easier to obtain since the facts remain the same. As in everything in life no guarantees whichever step you take.