L1B to L1A. I94 expiring and 5 year rule in 1 week. Applied L1A and got RFE. Legal Stay?

L1B and I94 expiring in 1 week. L1B 5 year term also completes in 1 week. Applied L1A and status got updated to RFE. I cannot get decision from USCIS before I94 expiry. Can i stay till my employer responds to RFE and get the decision from USCIS? Do i need to quit USA because 5 year L1B completing?

Its is not legal to stay after the 5 Years, even if the application for trasnfer to other visa is still pending.

Even if USCIS mentions that you can stay for 240 days after receving the receipt number – it is not legal to stay after the 5 years period. If your L1A is approved by then, you are fine – You got to leave usa now and after the approval you can go to consulate and get it stamped and come back…

All the best –

Hi Ramesh, Greetings, I have the same situation of max out falling in June 2016 however I have I-94 till October 2016, my employer has said that I can wait until the l1b to l1a rfe gets resolved. Can you please share your experience / advise?