l1 i129 denied , i94 expired , return to US

[singchris]

I entered US in may 2013 to setup a new company via b1/b2 visa , i94 expiry date was nov 26 2013

After i consult my immigration lawyer, he said my case is fit with the l1a requirement, he submit the i129 petition at the beginning of nov 2013. He told me I am good to stay in US even the the i94 is going to expire in nov 26 2013 since I have a case under processing

We received a notification from uscis for RFE in nov 23 2013, and the deadline of complete the supplementary doc submit toon is on feb 23 2014.

We gather and prepare all the doc required and submitted on feb 10 2014, however , we received the notification from uscis and being told the i129 was denied on mar 6 2014. Means I have to leave US immediately.

I try my very best to get the flight ticket and fix everything well in us side company , I left US and return to Hong Kong on mar 17 2014

My questioned are:

I will be defined as over stay? Does it gives any negative effect when I am trying to reentering US with my b1/b2 visa? My B1/b2 visa will be expired on 2019.

I hired a manager to take care my business in US now but I am planning to return to US in jun 2014, for three weeks only, since I scheduled some meeting with the business partner ,
I am worrying if the immigration officer will hold me up in the boarder. I am not gonna stay in US permanently since I have business and property in more then three other countries...i only want to expand my business to us

Pls help...thanks

[singchris]

l1 i129 denied , i94 expired , return to US

Push...

Pls help , millions thx

[ravi_niu]

l1 i129 denied , i94 expired , return to US

It is very tough to say. You may or may not be deemed as a overstay and denied entry

Guess there is no way to know.

If you wanted to play safe you should have entered set up a corporation, hired a manager and left. Since money is not a problem for you.
You could have applied for investors visa.

Now you could only try your luck. What the CBP officer is going to do is pure speculation.

[singchris]

It is very tough to say. You may or may not be deemed as a overstay and denied entry

Guess there is no way to know.

If you wanted to play safe you should have entered set up a corporation, hired a manager and left. Since money is not a problem for you.
You could have applied for investors visa.

Now you could only try your luck. What the CBP officer is going to do is pure speculation.

Thx for your reply, i left US already and planning to return by the end of June with B1 visa, gonna stay 7 days in NYC since i am going to hire a sales manager for my business as well as looking for some place for ware house. I am just worrying if CBP would let me get in, even i checked a lot of places over google, many ppl claimed my case should be fine since my 'overstay' was caused by an application which is under processing and i was left within reasonable time. Even i called to CBP hotline they only told me the date i was left US was fine, but nobody know what 's gonna happen next. See if any guy with similar experience could share your views...thanks

[singchris]

l1 i129 denied , i94 expired , return to US

Anyone who could share their experience with me? Thanks

[raghvi]

Any stay beyond I-94 expiry, unless subsequently approved, would be deemed as an overstay. Now, as Ravi pointed out, whether the VO takes it seriously or not will depend upon the VO.

This is my opinion not legal advice

[singchris]

l1 i129 denied , i94 expired , return to US

What I can do it try my luck rite? Even i could provide a lot of doc ... I wanna check if there are any official answer from cbp but no luck

[singchris]

l1 i129 denied , i94 expired , return to US

I sent the query regarding to my
Case to cbp office, here is their reply:

Thank you for contacting the U.S. Customs and Border Protection (CBP) INFO Center.

If you have applied to change your status from B2 to L1B visa and was denied by USCIS, and left within the 30 days of the denial letter you are not considered to have overstayed in the U.S. Therefore, your B2 visa is not cancelled because of your filing of the L1B status. If you have left the U.S. timely and have your USCIS denial letter, boarding pass for your departure, then you present those documents to the CBP Officer on your next attempt to visit the U.S. You should also have proof of your strong ties to your home country such as deed to your residence, employment letter, return ticket, and finance to support your stay in the U.S.

Mean my visa is still good now, I left us on mar17 2014, I am planning to have a trip at the beginning of July, to have a site visit on warehouse , since we are planning to get a warehouse for the storage of the merchandise, will stay in the state for 6 days only, I Donno if the cbp officer will stop me of give me the hard time, any ppl could share your experience with me? I have very strong tie in my country, I am two properties, also I am the limited company director in my country, is it good enough to show to the cbp officer? Thanks

[singchris]

l1 i129 denied , i94 expired , return to US

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