Immigration Issues/L1B Visa Question

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Question
Hi,

My L1b visa will expire in Oct' 13. My company applied for L1B visa extension and we received an RFE. USCIS is looking for more documentation on specialized knowledge and we believe it will be hard to answer anything on top of what was already submitted. I want to know -
1) Can we ignore or not respond to RFE?
2) Can we immediately apply for L1A? I am qualified for L1A and do meet all the requirements.
3) Can my company apply for GC while my L1B case is still pending?
4) Can I stay beyond Oct'13 if my case in not approved or denied by then? How many days an individual get to stay in US after his case in denied, like 30 days etc?

Thanks for helping out.

Answer
Hi,

If there is no response to the RFE, the USCIS is guaranteed to deny the L1B petition.

An L1A petition can be filed if you are qualified, irrespective of the status of the L1B petition.

Yes, the green card process can be started through the filing of PERM: www.h1b1.com/laborcert.htm

However, the I-140 petition in EB1 category for multinational executives and managers can be filed in lieu of PERM if you are qualified: http://www.h1b1.com/lcmultinational.htm

You can continue to remain legally in the U.S. beyond Oct. '13 if the L1A and/or L1B petition is pending with the USCIS. However, if it is denied after Oct. '13, it is recommended that you depart the U.S. within 10 days of the denial.

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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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