The below mentioned is my case. I want to ensure that this will not cause any reentry issues in future.
My I-94 expired on 04 Dec and the I797 receipt date is 04Dec2012. I was told in my L1 extension receipt that I can stay & work in US for 240 days as long as my pettion is pending. My extension was filed on 29Nov 2012. I am still waiting for the decision.
till what date I can stay in US and authorize to work ? In case nothing comes up by this month end do I need to travel back ? Do they consider holidays and weekends while counting 240 days or just the working days ?
i have applied for H1 and it has been approved by uscis without an I94. The reason provided by uscis says that the L1B extension was denied on 26june 2013 but when I checked my receipt number on Uscis website it's showing " Request for evidence response review ". I have confirmed with my L1 attorney if they have received any notice from uscis and they said NO. Do I need to leave the country or I can wait till I get an approval or denial notice from Uscis.
Generally In the denial notice it is mentioned that this decision may leave you without lawful immigration status and you are required to depart immediately. What in case I travel after a week I get the denial notice. Do I need to wait for the email which is generally sent by uscis.
I have seen a clause in USCIS on 180 day rule. Section 212(a)(9)(B) says 3 yrs and 10 yrs bars. In this case, will this cause any issue to my reentry in US? Are these 180 days counted from my denial notice or from date of i-94 expiry?
The Three and Ten Year Bars
→ Section 212(a)(9)(B)(i)(I) makes inadmissible any alien who “was unlawfully present in the
United States for a period of more than 180 days but less than 1 year . . . [who] again seeks
admission within 3 years of the date of such alien’s departure or removal.” Likewise, section
212(a)(9)(B)(i)(II) makes inadmissible any alien who “has been unlawfully present in the
United States for one year or more, and who again seeks admission within 10 years of the
date of such alien’s removal or departure.”240 days is from I-94 expiration date and includes all days (Sat, Sun, Holidays etc).
If L-1 extension has been denied, then you should leave US ASAP. If there is confusion, attorney should contact USCIS and follow-up on the case. If you get that confirmation from USCIS, then leave US immediately and don’t wait for any written communication.
The bars will come into picture from 180 days from L-1 extension denial date.