Can I Apply for L1A

[ash9926]

Hi ,

I had applied for my L1b Extension ,recieved RFE which I had responded , but had to move out of US
on March-2012 since I had completed my allowed legal 240 days after my I94 Expired.
I received my I94 Extension denial in April-2012 , my questions are

1. Can I apply for L1b again (If YES when?) what are the chances of my L1b Approval ?

2.I am PMP certified now and leading the team now my company is planning to file L1A after 6 months from April - What are the chances
of me getting L1A Visa

3. Any other options

Appreciate your Help

[shervin143]

The chances are less. Any time spend in U.S after the I-94 expiry date will be treated as illegal stay. Since you stayed for 240 days without a valir I-94, you can get a ban for up to 3 years from entering U.S.

[ash9926]

I had stayed legally for 240 days - We can stay for 240 days once we submit I94 extension .

h1 is not an option , is there any chance in L1 A ??

[raghvi]

You would be considered legal only if the I-94 extension was eventually approved. If I-94 extension itself was denied any stay beyond I-94 expiry is considered illegal. Thats why USCIS allows one to file I-94 extension upto 6 Months before expiry so that even if extension is denied the person can still leave before I-94 expiry and avoid illegal stay. This is my opinion, please do consult immigration lawyer to for legal guidance.

[shervin143]

Well, staying beyond the I-94 expiry is not legal unless the extension gets approved later with a new I-94. Consult a good immigration attorney.

I had stayed legally for 240 days - We can stay for 240 days once we submit I94 extension .

h1 is not an option , is there any chance in L1 A ??