L-1B Extension Petition rejected, but I-94 is still valid

[nellyfruto]

hi all,
My Visa (stamp on passport) Expiry: 18th Aug 2013
L-1B blanket petition expiry: 18th Aug 2013
I-94 valid till: 24th Jun 2016

My employer (unaware of the fact that an extension was not required) applied for an extension (individual) using I-129 form before my visa expiry date. First an RFE received, then after responding, the extension was rejected (on Aug 27th) saying something like this -

"The evidence doesn't prove the beneficiary was involved in a specialized knowledge position for '1 year' in the foreign entity prior to transferring to US."

And the denial paragraph was like this -

"If applicable, the portion of the petition requesting an extension of stay or change of status for the beneficiary is now being denied as the nonimmigrant visa petition filed in the beneficiary's behalf has been denied. This decision may leave the beneficiary without lawful immigration status.If the beneficiary is present in US in violation of law, he/she is required to depart immediately" and so on.

When I checked on CBP website, even today, my I-94 is still valid until 24th Jun 2016.

1. Am I still on L-1B status?
2. Can I still stay and work?
3. If I do stay, will that create an issues later when employer applies for L-1B or H-1B or COS from L-1B to H-1B?
4. Is there any legal document online available at USCIS where I can look into these issues?
5. What options I've now to come back, if I leave right now?

Need advice, please

Thanks

[raghvi]

hi all,
My Visa (stamp on passport) Expiry: 18th Aug 2013
L-1B blanket petition expiry: 18th Aug 2013
I-94 valid till: 24th Jun 2016

My employer (unaware of the fact that an extension was not required) applied for an extension (individual) using I-129 form before my visa expiry date. First an RFE received, then after responding, the extension was rejected (on Aug 27th) saying something like this -

"The evidence doesn't prove the beneficiary was involved in a specialized knowledge position for '1 year' in the foreign entity prior to transferring to US."

And the denial paragraph was like this -

"If applicable, the portion of the petition requesting an extension of stay or change of status for the beneficiary is now being denied as the nonimmigrant visa petition filed in the beneficiary's behalf has been denied. This decision may leave the beneficiary without lawful immigration status.If the beneficiary is present in US in violation of law, he/she is required to depart immediately" and so on.

When I checked on CBP website, even today, my I-94 is still valid until 24th Jun 2016.

1. Am I still on L-1B status?
2. Can I still stay and work?
3. If I do stay, will that create an issues later when employer applies for L-1B or H-1B or COS from L-1B to H-1B?
4. Is there any legal document online available at USCIS where I can look into these issues?
5. What options I've now to come back, if I leave right now?

Need advice, please

Thanks

Why would USCIS think that you didnt spend the necessary 1 Year time in the Non US entity?

Though its the I-94 which primarily determines your L1 status, but I would tread carefully and take immediate help from a good immigration lawyer because the denial notice seems to suggest that your initial L1B petition itself was not valid as you didnt spend the mandatory 1 Year in the non US subsidiary. Also the denial doesnt clearly mention that the previous L1 petition is itself being revoked. If that is the case then yes you should probably leave US as appeals and MTRs may not be much fruitful and they anyhow will not grant you a legal status to work.

If you can prove otherwise or it was due to clerical mistake you should probably file an appeal.

Again , if the L1 criteria of having worked 1 Year is not valid in your case then you can apply L1 only after spending 1 Year at the non-US entity. OR you can apply for H1 next year to return.

This is my opinion not legal advice.

[nellyfruto]

Thanks raghvi.

In the letter from employer to USCIS, it was written that I had few months of on-the-job-training in the first year. USCIS doesn't consider training as employment.

Since my i94 is still valid and I do have a B1 visa, can employer apply for COS from L1 to B1, can I continue staying here until a decision is made by USCIS?