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H1 Approved, L1 Extention RFE

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  • H1 Approved, L1 Extention RFE

    Hi, I have H1 approved as Counselor Processing as i94 was expiring before October. To cover up the days my L1 extension is filed too.
    As I had H1 approved, I planned my India Leaves in the last week of Nov. Now L1 extension has got RFE, even though it is filed in premium my attorney is delaying response in replying. She is denying withdrawal of it too.
    Now my question is can i still go ahead with my leaves and get H1 stamped after answering to RFE, and don't wait for result. will this effect H1 stamping and most of all is it allowed?

  • #2
    Originally posted by deepak.sam17 View Post
    Hi, I have H1 approved as Counselor Processing as i94 was expiring before October. To cover up the days my L1 extension is filed too.
    As I had H1 approved, I planned my India Leaves in the last week of Nov. Now L1 extension has got RFE, even though it is filed in premium my attorney is delaying response in replying. She is denying withdrawal of it too.
    Now my question is can i still go ahead with my leaves and get H1 stamped after answering to RFE, and don't wait for result. will this effect H1 stamping and most of all is it allowed?
    Technically if your L1 extension is rejected or you abandon it by leaving now then all the time between L1 I-94 expiry till the day you leave US will be considered out of status as you don't have a valid I-94 for this period. But I don't think it will negatively affect your H1 stamping. H1 stamping will be viewed based on H1 employment documentation.

    This is my opinion not legal advice.

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    • #3
      Thanks. So by leaving the states L1 extension abandons it self? and I can go for H stamping immediately after I go to India and need not wait for the rejection?

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