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URGENT : L1 B to H1 B decision pending - L1 B 5 Years maxing out soon!

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  • URGENT : L1 B to H1 B decision pending - L1 B 5 Years maxing out soon!

    Hello,

    Hoping somebody can give insights in to this situation.

    My VISA and I-94 expired on Sep 5 2016
    My employer filed an L1 B extension request - i had about 3 months and 29 days from Sep 5 2016. This means i have about 27 days till i max out my 5 year quota
    My H1 B was picked this year. Regular processing. It hit the 1st RFE in early september and my employer replied back on Sep 23.
    On Dec 2 the case status was updated and looks like a 2nd RFE.
    We haven't received the new RFE details yet but my employer has agreed to push this to premium when we respond.

    questions:

    1) Is it practical to expect a H1 B decision within 3-4 weeks?
    2) In case my H1 B decision is not completed within the 27 days would i need to leave the country or can i stay due to my H1 B decision pending status?
    3) If i have to leave the country and say my H1 B is approved a couple of weeks after; can i travel back to USA or would i have to wait for a Year (cool off period) before i can travel back on my H1 ? Am confused on this one because if am not in USA am guessing this wouldn't be considered as a COS..
    I understand i will still get only a year i come back immediately (L1 B + H1 B max) and am good with that for now.

    I'm very stressed out on this. Appreciate if anyone with a similar experience could share details or even advise if you know how it works in this case.

  • #2
    Originally posted by sunith View Post
    1) Is it practical to expect a H1 B decision within 3-4 weeks?
    As you have valid reason, you better go for premium processing here. for other question, i am expecting reply from senior members.

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