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Results 1 to 7 of 7

Thread: RFE-L1 Visa-I94

  1. #1

    Default RFE-L1 Visa-I94

    Hello Folks,

    Currently I am working on L1 B Individual visa and I have applied for extension. USCIS has issued RFE for the current L1 petition on the specialized knowledge. My Employers are suggesting to apply for Canada L Blanket. However I do have few queries on the same. Can someone please clarify the below.

    1) Which is the best option to proceed whether it is replying to USCIS for L1-Extension(RFE) and proceeding with New L1 Blanket(Canada)?
    2) How long I will get the visa validity if I go to canada for L1 Blanket process as I already stayed in US for more than 4 years with the current L1 B Individual visa?
    3) I have applied for H1 visa which will be effective from Oct 2012. If I go to Canada and comeback with L1-Blanket, I think there will be a change in the I-94 number and date, does this I-94 change will have any impacts to H1 process which is currently under USCIS?

    Thanks,
    Mike.

  2. #2
    Join Date
    May 2009
    Posts
    10,053

    Default

    1) Which is the best option to proceed whether it is replying to USCIS for L1-Extension(RFE) and proceeding with New L1 Blanket(Canada)?
    >>> Has your I-94 expired. If yes, then it is not advisable to spend more time in U.S waiting for the RFE to get cleared. If the RFE gets declined, then all the time spend in U.S after the I-94 expiry date will be treated as illegal stay. If the I-94 has already expired, then either reply to the RFE immediately and upgrade the case to premium or leave the country, get the blanket petition stamped and return back.

    2) How long I will get the visa validity if I go to canada for L1 Blanket process as I already stayed in US for more than 4 years with the current L1 B Individual visa?
    >>> No one can predict how long you might get the visa. But as per L1 regulations, you cannot stay in U.S for more than 5 years in L1 blanket / L1 individual. It is your responsibility to make sure that you follow the L1 regulations.

    3) I have applied for H1 visa which will be effective from Oct 2012. If I go to Canada and comeback with L1-Blanket, I think there will be a change in the I-94 number and date, does this I-94 change will have any impacts to H1 process which is currently under USCIS?
    >>> Yes. It is not advisable to leave the country when a COS is in progress. It will cause all sort of status confusions.
    Not a legal advice. Use of this information is strictly at your own risk.

  3. #3

    Default

    Thanks Shervin for your inputs.

    My I-94 & current visa are Valid Till Aug 2012. I have also applied for H1 which will be effectuve from Oct 2012. So the extension which I am looking is for Aug and Sep months. >>> Has your I-94 expired. If yes, then it is not advisable to spend more time in U.S waiting for the RFE to get cleared. If the RFE gets declined, then all the time spend in U.S after the I-94 expiry date will be treated as illegal stay. If the I-94 has already expired, then either reply to the RFE immediately and upgrade the case to premium or leave the country, get the blanket petition stamped and return back.


    Thats correct. But if we apply for Canada L Blanket since I got the RFE for L1 individual extension, I think we need to go to Canda for new visa and stamping process to have legal stay in US till H1 gets approved. >>> Yes. It is not advisable to leave the country when a COS is in progress. It will cause all sort of status confusions.[/QUOTE]

    Please share your thoughts & Suggestions. Thanks Again!!

  4. #4
    Join Date
    May 2009
    Posts
    10,053

    Default

    Well, unless your L1 extension gets approved, your H1B petition will not get approved for COS (It won't come with a new I-94). It will instead get approved for consular process (No new I-94). Also, if you leave the country, the COS might get denied and H1B will get approved for consular process. It is better you try to respond to the RFE since you have enough time left on your current I-94. If the RFE gets denied, then leave the country and try to get the L1B stamped and return back. If that gets denied, then wait for the H1B petition get approved, get the H1B stamped and return back in H1B visa. You will be able to return back in H1B visa only 10 days prior to the H1B effective date.

    Quote Originally Posted by Mike1234 View Post
    Thanks Shervin for your inputs.

    My I-94 & current visa are Valid Till Aug 2012. I have also applied for H1 which will be effectuve from Oct 2012. So the extension which I am looking is for Aug and Sep months. >>> Has your I-94 expired. If yes, then it is not advisable to spend more time in U.S waiting for the RFE to get cleared. If the RFE gets declined, then all the time spend in U.S after the I-94 expiry date will be treated as illegal stay. If the I-94 has already expired, then either reply to the RFE immediately and upgrade the case to premium or leave the country, get the blanket petition stamped and return back.


    Thats correct. But if we apply for Canada L Blanket since I got the RFE for L1 individual extension, I think we need to go to Canda for new visa and stamping process to have legal stay in US till H1 gets approved. >>> Yes. It is not advisable to leave the country when a COS is in progress. It will cause all sort of status confusions.
    Please share your thoughts & Suggestions. Thanks Again!![/QUOTE]
    Not a legal advice. Use of this information is strictly at your own risk.

  5. #5

    Default

    Quote Originally Posted by Mike1234 View Post
    Hello Folks,

    Currently I am working on L1 B Individual visa and I have applied for extension. USCIS has issued RFE for the current L1 petition on the specialized knowledge. My Employers are suggesting to apply for Canada L Blanket. However I do have few queries on the same. Can someone please clarify the below.

    1) Which is the best option to proceed whether it is replying to USCIS for L1-Extension(RFE) and proceeding with New L1 Blanket(Canada)?
    2) How long I will get the visa validity if I go to canada for L1 Blanket process as I already stayed in US for more than 4 years with the current L1 B Individual visa?
    3) I have applied for H1 visa which will be effective from Oct 2012. If I go to Canada and comeback with L1-Blanket, I think there will be a change in the I-94 number and date, does this I-94 change will have any impacts to H1 process which is currently under USCIS?

    Thanks,
    Mike.
    Hi Mike,

    Would you please let me know your receipt date for L1 Extension filing and the date you received the RFE. My extension was filed in Jan but still awaiting and little worried.

    Thanks,
    Pratap

  6. #6

    Default

    Quote Originally Posted by pratap_ti View Post
    Hi Mike,

    Would you please let me know your receipt date for L1 Extension filing and the date you received the RFE. My extension was filed in Jan but still awaiting and little worried.

    Thanks,
    Pratap
    Hi Pratap - Have you received response about ur extension. I also fall under the same category , but will expire some time next year, want to know how long it is taking.

    Thanks in advance.

  7. #7

    Default Can we go and get visa in Canada without responding RFE ?

    Hi Mike,
    I am also in the same case like you. But I can't apply for H1 . Since no Cap for H1 now.
    Can you please let me which once is best way ?
    Go and get a visa in Canada ? Or Reply for RFE ?

    and Can we go and get visa in Canada without responding RFE ? Will the Canada consulate won't ask why you came here without replying RFE ?
    Can you please reply Or mail me to s.murugesan@gmail.com

    Thanks & Regards,
    s.murugesan



    Quote Originally Posted by Mike1234 View Post
    Hello Folks,

    Currently I am working on L1 B Individual visa and I have applied for extension. USCIS has issued RFE for the current L1 petition on the specialized knowledge. My Employers are suggesting to apply for Canada L Blanket. However I do have few queries on the same. Can someone please clarify the below.

    1) Which is the best option to proceed whether it is replying to USCIS for L1-Extension(RFE) and proceeding with New L1 Blanket(Canada)?
    2) How long I will get the visa validity if I go to canada for L1 Blanket process as I already stayed in US for more than 4 years with the current L1 B Individual visa?
    3) I have applied for H1 visa which will be effective from Oct 2012. If I go to Canada and comeback with L1-Blanket, I think there will be a change in the I-94 number and date, does this I-94 change will have any impacts to H1 process which is currently under USCIS?

    Thanks,
    Mike.

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