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L1 - H1 Change of status sequence with possible conflict

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  • L1 - H1 Change of status sequence with possible conflict

    hi experts,

    I am currently working on L1A visa for X company and my I-94 expires by end of July 2014. my company X applied for extension on premium processing on 7 May and it is changed to RFE status as of 22 May. my employer says it takes 3-4 weeks to receive the RFE notice in mail and so it is likely to take at least 4-5 weeks before the decision is made. on the other hand employer Y is willing to apply for chnage of status to H1B on premium processing with my old approved and unused petition with employer Z, and we are planning to send it out early next week With a start date of 7 Jul 2014 to be able serve 7-10 days of notice if it goes through successfully. my wife is on L2 with I-94 validity 15 Jun 2014. In this situation, what are the best options and how to execute them:

    1. If my H1 is approved by 27 Jun 2014 with a start date of 7 Jul and L1 extension is still under decision pending status. does my wife need to travel out of US to re-enter on H4? can she travel anywhere or should it be to only home country India.

    2. How can I stick to H1 status if my L1 extension comes through at a later time after the RFE review. It is likely to be decided in next 4-5 weeks, ie by 10 Jul 2014. when should I resign and let my current employer know that I no longer need an extension on L1. what if there is no time for my emloyer to react to my withdrawal request. what if my employer chooses to ignore my withdrawal request.

    3. what if my L1 is rejected at a later time after my H1 is approved. Do I have to travel out of US to regain the H1 status?

    Appreciate your kind guidance. thanks much in advance.

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