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Will i get my priority date before my L1B is denied

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  • Will i get my priority date before my L1B is denied

    Hi guys. My company recent filled for my L-1B individual extension and on April 24-2020 i got a RFE. Since i got RFE during COVID-19 situation my attorney said i have 60 days extra grace days to reply for my RFE from the normal response time which is 90 days ( which gives me 5 months 90+60). My questions as follows.

    1. Should i file for my RFE now or should i wait till the last minute and provide response before my due date.

    2. What is the approval rate for RFE now ? One of my colleague visa was denied after RFE during COVID-19, hence should i wait to reply for my RFE ?. Due to current employment level in US i don't think approval rate is good. Your suggestions please

    3. Main reason not to reply for my RFE is that my GC is also happining in parallel. If i wait two more months i think at least i will get my priority date at the time of filing my PERM application.

    4. After getting priority date can i continue my GC process in India ?. PERM application approval and I-140 can it be done in India ?

  • #2
    1. Leave it to the attorney as they know what to do. The RFE must reach the USCIS in a timely manner (I would say overnight shipment atleast one week before the deadline)

    2. Depends on the RFE. Officers just don't reject as they need t have a valid reason. And Covid-19 is here to stay for a while. Even if infections went down to zero, there is a lot to deal with including kick start the economy, unemployment, housing, etc. So waiting 60 days is not justified.

    3. Two separate processes. The rejection of one does not have an impact on the other. L1 is for your current job. GC is for future.

    4. YES. GC is for a future job so it can be done even when you are not in the US
    Opinion only. Cannot be construed as legal advice.

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    • #3
      Really thank you so much for your response. One more question . Can i change my status from L1 to B1 while staying in US. In that case what will happen to my GC. Since my GC is filed as cross charegibility my priority date is my current date. My attorney said we can file I-140 & I-485 on the same date. Hence if i stay in B1 can i i adjust my status and file I-485 or will it be consular notification ?

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