Reapplying L1A within 2 months after no status. What are the possibilities?

My collegue NVP had his I94 and L1B expired on the same date, 3 months before the expiry, this company had applied for COS to L1A but was rejected after 2 RFEs. The Lawyer files a motion to reconsider. No news yet. Then,. on 29th day after Rejection of L1B and having no legal status to reside in US, he travels back to India. Q1. How long could one remain ion US legally after being out of status. Q2. Can the company file a fresh L1A when he returns back to India? (I assume not because L1A needs one year of service in last 3 years in the foreign company, and the other reason could be what has changed drastically in one month for the USCIS to grant l1A if it has already rejected the petition for the same person, however an expert’s opinion could be more accurate) please advise.