Immigration Issues/L1 RFE

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Question
QUESTION: Hi,

My company filed my L1 extension and i got RFE

My visa and i-94 are already expired.

As my wife is pregnant and she cannot fly at this stage and if my visa gets rejected after replying to RFE.

What option i have to stay in usa until she delivers?

Can i get extension on her medical grounds (may be for a while)?

If i get some period of extension on my wife medical ground,can i still work with my company in usa during that period?

During the period of RFE reply can my company apply for H1b?

ANSWER: Hi,

You can continue to be employed for up to 240 days after I-94 expiration. However, if the L1 petition is denied, you and your wife must immediately discontinue working and prepare to depart the U.S. To buy time, I recommend not responding to the RFE until it is close to the deadline to respond to the RFE.

Hopefully your wife filed application to extend her L2 status prior to her I-94 expiration. If she did not do so, she is already out of status.

Since I-94 has already expired for both of you, it is not possible to change to another nonimmigrant visa category (such as student or visitor or H1B) within the U.S. All you can hope for is that the L1 petition is approved. When it is approved approved, your wife's pending L2 extension application will also be approved.

We have general information about the L1 category here: www.h1b1.com/L1visa.htm

---------- FOLLOW-UP ----------

QUESTION: Yes my wife extension was also filed prior to i-94 expiration.

I also want to know can i get extension on medical grounds,may be for 2-3 months as my wife cannot fly and i can get doctor's letter or note?

If yes,what's the procedure?

Answer
There is no formal way to remain legally in the U.S. if L1/L2 is denied.

However, when your wife is able to safely depart the U.S., she should do so. When applying for visa stamp in the future at a U.S. Consulate, evidence can be presented that L1/L2 extensions were filed on a timely basis (even though eventually denied by the USCIS), that your wife was pregnant (be ready to provide evidence such as birth certificate of child), that the doctor recommended not to travel during x time (a note from a doctor can be helpful, esp. detailing any particular medical complication of pregnancy that may have occurred), that departure was made on x date (entry stamp in passport when entering your home country, and copy of I-94 that was turned into the airline when departing the U.S.), etc.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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