L1B to H1B COS while on RFE

[ravimaterial]

Hi Friends,

I was going through the forum's and couldn't get a direct clarification to my concern.

I was on L1B through "Company A", my L1B & I94 was valid till August 2013.

Company A - has applied for my L1B extension in July 2013 and i got an RFE and suppose to respond by 7th Oct 2013 ( due date ). (ie., I was staying in US on Extension & REF period even my Visa got expired as mentioned above).

Meanwhile i have filled for a new H1B - COS through "Company B" and got my H1B approved by 25th May 2013 ( ie., officially i can start working from 1st Oct 2013 ). I have resigned company A on 30th Sep 2013 and joined company B from 1st Oct 2013.

Now my previous company A has not responded to the RFE.

My questions are :

1. Will there be any impact when i go for H1B stamping to India ( since i was staying in US on Extension and RFE grace time and not responded to the RFE ) ? When checked with my Company B & my company B attorney they say " I can stay since i have approved H1B by May 25th )

2. Will there be any US - immigration form i need to submit, stating that i have changed my status and residence location ? or how can i let US - Immigration team know that i am on H1B and currently working in YYYY location through Company B.

Please advice me at the earliest, since my current company B is not trust worthy on their communications.

Regards,
Srinivas Ravi

[raghvi]

Hi Friends,

I was going through the forum's and couldn't get a direct clarification to my concern.

I was on L1B through "Company A", my L1B & I94 was valid till August 2013.

Company A - has applied for my L1B extension in July 2013 and i got an RFE and suppose to respond by 7th Oct 2013 ( due date ). (ie., I was staying in US on Extension & REF period even my Visa got expired as mentioned above).

Meanwhile i have filled for a new H1B - COS through "Company B" and got my H1B approved by 25th May 2013 ( ie., officially i can start working from 1st Oct 2013 ). I have resigned company A on 30th Sep 2013 and joined company B from 1st Oct 2013.

Now my previous company A has not responded to the RFE.

My questions are :

1. Will there be any impact when i go for H1B stamping to India ( since i was staying in US on Extension and RFE grace time and not responded to the RFE ) ? When checked with my Company B & my company B attorney they say " I can stay since i have approved H1B by May 25th )

2. Will there be any US - immigration form i need to submit, stating that i have changed my status and residence location ? or how can i let US - Immigration team know that i am on H1B and currently working in YYYY location through Company B.

Please advice me at the earliest, since my current company B is not trust worthy on their communications.

Regards,
Srinivas Ravi

The attorney does not seem to be right in this decision.

If it was a fresh H1 in 2013, then technically you were out of status from August 2013 till Oct 2013. Though the H1 was approved on 25th May 2013, the COS would have kicked in only on 01-Oct-2013. Yes, the question can come up during future green card processing to prove your valid status from Aug - Oct 2013. Unfortunately there is nothing you can do for that now.

If it was an old H1 and you did a COS to that old H1 then you should have started working with the H1 employer from COS approval date that is, 25th May 2013. Again, if this is the case during GC processing you working with L1 employer even after COS approval can be questioned.

1. Now whether this will have any impact or not, only the consulate officer can determine. But you do have to declare that you did overstay. I would say most probably not, but during GC processing may or may not come up.
2. Technically there is no way for you to tell USCIS that you are now on h1.

This is my opinion not legal advice.