I129 extension denied.. I 94 valid till 2018 need to leave the country?

[ratna M]

Hi,

Could you please let me know whether we can stay in the US if I129 s denied for L1B?

The below is the current situation:

L1B Validity :15th Marrch 2018
I94 Validity : 15th March 218

I129 validity : Expired on march 1st 2016

I have applied I 129s petition extension in premium and it went to RFE and got Denied. As per my company in case of international travel we need valid I129s document to reenter in the US. Since my family is in india i applied for this extension to get them to US but unfortunately its got denied. now my question is

Can i continue to stay in the US till 2018 without Valid I129s?

what is the valid status for L1B visa? is it I94 validity or I129s Validity?

I understand that based on I 94 we can stay in the US but if i travel outside country i will not be able to reenter since i dont have the valid petition?

can i stay here based on I 94 validity? staying in the US without valid I129s does cause any issues in the future travels and Visas?

what are the options for me to get my family here? they have valid L2 visa till 2018?

Please advise. thanks.

Regards,
Ratna

[raghvi]

Hi,

Could you please let me know whether we can stay in the US if I129 s denied for L1B?

The below is the current situation:

L1B Validity :15th Marrch 2018
I94 Validity : 15th March 218

I129 validity : Expired on march 1st 2016

I have applied I 129s petition extension in premium and it went to RFE and got Denied. As per my company in case of international travel we need valid I129s document to reenter in the US. Since my family is in india i applied for this extension to get them to US but unfortunately its got denied. now my question is

Can i continue to stay in the US till 2018 without Valid I129s?

what is the valid status for L1B visa? is it I94 validity or I129s Validity?

I understand that based on I 94 we can stay in the US but if i travel outside country i will not be able to reenter since i dont have the valid petition?

can i stay here based on I 94 validity? staying in the US without valid I129s does cause any issues in the future travels and Visas?

what are the options for me to get my family here? they have valid L2 visa till 2018?

Please advise. thanks.

Regards,
Ratna

You can stay but cannot work, effectively meaning you would have to leave. One needs valid I-94 to stay , but one needs a valid I129 approval to work. Since I797, I94, and visa are given by different offices the dates get out of sync, btu for all practical purposes for an L1 one needs a valid I129/I797 and valid I-94 (both) to stay and work.

This is my opinion not legal advice.

[ratna M]

You can stay but cannot work, effectively meaning you would have to leave. One needs valid I-94 to stay , but one needs a valid I129 approval to work. Since I797, I94, and visa are given by different offices the dates get out of sync, btu for all practical purposes for an L1 one needs a valid I129/I797 and valid I-94 (both) to stay and work.

This is my opinion not legal advice.

Thanks Raghvi i have Blanket 797 validity till 2018 , but I129s extension denied. still do i need to leave the country? if yes how soon i need to leave? what are the option i have to come to US? can i apply another extension or fresh L1B from india immediately or do i need to wait? thanks.

[ratna M]

Thanks Raghvi i have Blanket 797 validity till 2018 , but I129s extension denied. still do i need to leave the country? if yes how soon i need to leave? what are the option i have to come to US? can i apply another extension or fresh L1B from india immediately or do i need to wait? thanks.

Hi Raghvi.. could you please confirm on the above. my attroney saying that i can stay here till 2018 based on my vlaid I 94 and valid L1B (Blanket) visa... but i cant travel internationally.. if i travel outside US i will not be able to reenter in the US since i dont have valid I129S. Appreciate your reply

[shankhabose]

L1 Blanket Visa- Canada

You can stay but cannot work, effectively meaning you would have to leave. One needs valid I-94 to stay , but one needs a valid I129 approval to work. Since I797, I94, and visa are given by different offices the dates get out of sync, btu for all practical purposes for an L1 one needs a valid I129/I797 and valid I-94 (both) to stay and work.

This is my opinion not legal advice.

Hi Raghvi,

I am currently on L1A Individual Visa and my expiry date is 11 Dec 2018.
My company has asked me to apply for "Canada L-1A Blanket for US Based Associates" visa. In this scenario I need to travel to Canada and go for an PAI in the US consulate there.

In the case say my L1 blanket petition get rejected in Canada, can I still return to US based on my current petition and stay till it expires i.e. 11 Dec 2018, or I need to return to my home country directly from Canada?
I am planning to schedule the PAI interview on a date which will be at least 8 weeks prior my visa expiry date for able to return to US.
But I have a feeling that if my extension petition is denied my current will also get rejected and I wont be allowed to reenter United States even till my current visa period.

Thanks,
Shankha

[sandeepps]

Thanks Raghvi i have Blanket 797 validity till 2018 , but I129s extension denied. still do i need to leave the country? if yes how soon i need to leave? what are the option i have to come to US? can i apply another extension or fresh L1B from india immediately or do i need to wait? thanks.

Your status to work is determined by the I129-S which supercedes the PED and I94. This happens as they are not synced. I recently renewed my L1B although I had my I-94 till July 2021. I was told by Fragomen that, I129-S determines the work status. Since 797 is blanket, it is not specifically for you. Please also refer to this link. https://www.mmhpc.com/2017/06/when-d...et-l-petition/

[Vico]

Hi Raghvi,

I am currently on L1A Individual Visa and my expiry date is 11 Dec 2018.
My company has asked me to apply for "Canada L-1A Blanket for US Based Associates" visa. In this scenario I need to travel to Canada and go for an PAI in the US consulate there.

In the case say my L1 blanket petition get rejected in Canada, can I still return to US based on my current petition and stay till it expires i.e. 11 Dec 2018, or I need to return to my home country directly from Canada?
I am planning to schedule the PAI interview on a date which will be at least 8 weeks prior my visa expiry date for able to return to US.
But I have a feeling that if my extension petition is denied my current will also get rejected and I wont be allowed to reenter United States even till my current visa period.

Thanks,
Shankha

Hi Shankar bose - i am in the same boat. Can you please let me know what happened? your inputs will be very helpful.