Got RFE on L-1B Blanket Extension but I-94 valid up to 2016

[nellyfruto]

Hi Please help...

Blanket L-1B Visa Expiry: Aug-18th-2013
I-94 Expiry: June-24th-2015

My employer applied for my L-1B (blanket) extension in June, 2013 and got RFE on July, 18th 2013. And was told to respond before Oct-18th-2013.

1. If my employer replied back by Aug-1st-2013 and say it's in processing with USCIS, am I still eligible to work and get paid until I get back a response?
2. If I get rejection after responding to RFE, am I still eligible to work and get paid until my I-94 expiry? Or I'll be asked leave US?
3. As I'm involved in a manufacturing project, some how I need to stay in US for at least another 5 months. What direction I should follow if my extension got rejected? I do have B1/B2 Visa valid for another 6 years.

Thank you.

[raghvi]

Hi Please help...

Blanket L-1B Visa Expiry: Aug-18th-2013
I-94 Expiry: June-24th-2015

My employer applied for my L-1B (blanket) extension in June, 2013 and got RFE on July, 18th 2013. And was told to respond before Oct-18th-2013.

1. If my employer replied back by Aug-1st-2013 and say it's in processing with USCIS, am I still eligible to work and get paid until I get back a response?
2. If I get rejection after responding to RFE, am I still eligible to work and get paid until my I-94 expiry? Or I'll be asked leave US?
3. As I'm involved in a manufacturing project, some how I need to stay in US for at least another 5 months. What direction I should follow if my extension got rejected? I do have B1/B2 Visa valid for another 6 years.

Thank you.

When you already have an I-94 valid till 2015 I fail to understand the necessity of applying extension. Even if you do get extension it doesnt allow you free entry and exit from US. Post 18-Aug-2013 You would still need to go for new visa stamping in order to enter US and getting extension approval while in US doesnt guaantee a successful stamping either.
1. Yes.
2. Yes you can work till I-94 expiry but if you leave you cant re enter withotu a new visa.
3. You have a valid I-94 so you can stay till then.

This is my opinion not legal advice.

[dougxqmy]

I need to stay in US for at least another 5 months

[kabkaba]

You were already allowed to stay until 2015. There was no need to apply for any extension in the first place.

Now, if extension gets denied, your status becomes uncertain. You may need to leave the US and return.

[nellyfruto]

Thank you raghvi n kabkaba for response.

Neither do I nor my employer aware about this I-94 thingy. We're thinking that, once the Visa expiry date is nearing, we should go for extension.

Now preparing for Evidence...

i liked that dougxmy....

thank you...