Green Card during L-1A RFE

[jinjini]

Helloo experts,

been in US on L-1A for 3 years. My compny submitted extension and is in RFE.

everyone i saying it will not be approved. Can my company apply for EB1 GC now?

thank you
JJI

[shervin143]

Yes. But there are chances that you could get a NOIR for the same reason why a RFE was issued on your L1A extension.

[jinjini]

Thank you.

is option that I find new job and apply h1 on April 1st valid?

JJI

[shervin143]

When is your L1 I-94 expiring? If it is expiring before Oct 1st, then a L1 extension need to be filed first before you can file the H1B as a COS from L1. You cannot work for the H1B sponsor until Oct 1st.

Thank you.

is option that I find new job and apply h1 on April 1st valid?

JJI

[jinjini]

L1 already expired..... Extension put before exp.

JJI

[shervin143]

Well, in that case, H1B can be filed as a COS from L1 by providing your L1 approval notice and the copy of the pending L1 extension notice while filing the H1B COS.

L1 already expired..... Extension put before exp.

JJI

[jinjini]

thank you.....

can my current company file H1 COS by 1.Apr.2012 and i can continue to work in same company?

Thanks
JJI

[shervin143]

Yes. If L1 gets rejected before Oct 1st, then you should leave and re-enter back in H1B visa after Oct 1st.

thank you.....

can my current company file H1 COS by 1.Apr.2012 and i can continue to work in same company?

Thanks
JJI

[jinjini]

more questions...

my spouse is working on L2 EAD.

1. how long can spouse stay after L1 beneficiary returns?
2. can spouse employer file H1 on 1/April and spouse can stay?

Thanks
JJI

[shervin143]

1. how long can spouse stay after L1 beneficiary returns?
>>> There is no L2 without L1. If your L1 extension gets rejected, then both of your should leave the country. Your spouse can no longer stay in L2 and she cannot work. Such employment will be illegal and she will go out of status on L2.

2. can spouse employer file H1 on 1/April and spouse can stay?
>>> No. The employer can file H1B. But she cannot work in H1B status until Oct 1st. She has to be in a valid status until Oct 1st (H1B effective date). If your L1 extension gets denied, then she will no longer be in L2 status and she must leave the country and return back in H1B visa when the H1B petition becomes effective.