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hi here is my situation
1. Stayed in US between 2006 and 2009 on L1B.
2. Moved out of us in 2009 and stayed 1 full year at UK.
3. Came back to US in 2010 on fresh L1B(with expiry date sep 22, 2013).
4. Applied for L1B to H1B COS in 2013 April with same employer. Also submitted I539 for changing the status of dependents from L2 to H4.
5. received first RFE in July requesting proof to show that 6 years exclusion is not applicable and the proof for current legal status, responded to RFE
6. In september first week submitted L1b Extension request.
7. received second RFE on september 25 asking few paystubs, responded with the requested documents.
8. received third RFE notice in november asking for details about current L1b status and COS.
9. received RFE on L1B extension, last date to reply is december 26th.
10. Responded to H1B RFE mentioning that COS is not required.
11. H1B approved with consular processing on december 1st. But dependents I539 pettition was denied(as it was originally requested for COS and the same got withdrawn on primary pettition).
Now, I am not sure what to do next.
should I
1. Try responding to L1B RFE and wait for its outcome before submitting a fresh COS request. - Does this risk the current status of my H1?
2. Respond to L1B RFE now, so that I can stay beyond 26th december and , plan for travelling out of country for H1 stamping somewhere in January ( irrespective of outcome of L1B extension)
3. Simple exit the country with out responding to L1B RFE and get the H1B stamping
Please advise which option is most optimal for me?
1. Stayed in US between 2006 and 2009 on L1B.
2. Moved out of us in 2009 and stayed 1 full year at UK.
3. Came back to US in 2010 on fresh L1B(with expiry date sep 22, 2013).
4. Applied for L1B to H1B COS in 2013 April with same employer. Also submitted I539 for changing the status of dependents from L2 to H4.
5. received first RFE in July requesting proof to show that 6 years exclusion is not applicable and the proof for current legal status, responded to RFE
6. In september first week submitted L1b Extension request.
7. received second RFE on september 25 asking few paystubs, responded with the requested documents.
8. received third RFE notice in november asking for details about current L1b status and COS.
9. received RFE on L1B extension, last date to reply is december 26th.
10. Responded to H1B RFE mentioning that COS is not required.
11. H1B approved with consular processing on december 1st. But dependents I539 pettition was denied(as it was originally requested for COS and the same got withdrawn on primary pettition).
Now, I am not sure what to do next.
should I
1. Try responding to L1B RFE and wait for its outcome before submitting a fresh COS request. - Does this risk the current status of my H1?
2. Respond to L1B RFE now, so that I can stay beyond 26th december and , plan for travelling out of country for H1 stamping somewhere in January ( irrespective of outcome of L1B extension)
3. Simple exit the country with out responding to L1B RFE and get the H1B stamping
Please advise which option is most optimal for me?
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