L1A - H1B Conversion 2nd RFE

[Kol]

Currently on L1A status valid till Aug 2015.Applied L1A to H1B this year and got RFE two times.Please guide me on the following

1)Chances of clearing a second RFE if client is not willing to give any documentation and no new additional SOW to submit.

2)What other documents we can submit.Will replying RFE in premium will help in approval

3)My L1A has 6 more months to reach max out(reach 7 years) after Aug 2015, so shud I apply for I-94 extension nowitself if my RFE is rejected.

4)I will complete 6 years in US by April 15 2015, can i still apply H1B on April 1 2015 considering I have an approved I-140.

Appreciate an earlier reply

Thanks
Kol

[raghvi]

Currently on L1A status valid till Aug 2015.Applied L1A to H1B this year and got RFE two times.Please guide me on the following

1)Chances of clearing a second RFE if client is not willing to give any documentation and no new additional SOW to submit.

2)What other documents we can submit.Will replying RFE in premium will help in approval

3)My L1A has 6 more months to reach max out(reach 7 years) after Aug 2015, so shud I apply for I-94 extension nowitself if my RFE is rejected.

4)I will complete 6 years in US by April 15 2015, can i still apply H1B on April 1 2015 considering I have an approved I-140.

Appreciate an earlier reply

Thanks
Kol

1. If RFE is for providing Client Letter/SOW and you are not able to then the chances of clearing RFE would be low.
2. There must be some contract signed between your employer and end client. Provide that. Upgrading to premium may not help.
3&4. Its not clear when you are completing 6 Years in US. The two statements contradict each other. If you are completing 6th Year in April 2015 how you will complete 7 Years in Aug 2015? When is your L1A I-94 expiring?

In my opinion L1 + H1 can at max be for 6 Years. So if the current petition is denied then I am afraid you would have to spend 1 entire year outside US, before being eligible for applying fresh H1. The advantage of I-140 comes only if you already have an approved H1 petition.

This is my opinion not legal advice.

[Kol]

1. If RFE is for providing Client Letter/SOW and you are not able to then the chances of clearing RFE would be low.
2. There must be some contract signed between your employer and end client. Provide that. Upgrading to premium may not help.
3&4. Its not clear when you are completing 6 Years in US. The two statements contradict each other. If you are completing 6th Year in April 2015 how you will complete 7 Years in Aug 2015? When is your L1A I-94 expiring?

In my opinion L1 + H1 can at max be for 6 Years. So if the current petition is denied then I am afraid you would have to spend 1 entire year outside US, before being eligible for applying fresh H1. The advantage of I-140 comes only if you already have an approved H1 petition.

This is my opinion not legal advice.

Thanks Raghvi for the detailed reply..I will complete 6 years in April 2015 and my current L1A is valid till Aug 2015..Which I can extend upto April 2016 when i complete 7 years.

If my current H1B RFE is denied, can I extend my L1A to another 6-8 months from Aug 2015 and then apply H1B in April 2015. This way can I work and stay in US if H1B 2015 is picked and approved?

IF April 2015 H1B is picked and approved, is it legal to start working from October 2015 without going out of US(even after completing 6 years) with an extended L1-A petition

[raghvi]

Thanks Raghvi for the detailed reply..I will complete 6 years in April 2015 and my current L1A is valid till Aug 2015..Which I can extend upto April 2016 when i complete 7 years.

If my current H1B RFE is denied, can I extend my L1A to another 6-8 months from Aug 2015 and then apply H1B in April 2015. This way can I work and stay in US if H1B 2015 is picked and approved?

IF April 2015 H1B is picked and approved, is it legal to start working from October 2015 without going out of US(even after completing 6 years) with an extended L1-A petition

Is your EB1 or EB2?

If your H1 RFE is denied , yes you can still file L1A extension (before I-94 expiry). But I doubt if you would be eligible to apply H1 in April 2015 as you would have already crossed the 6th Year mark.

This is my opinion not legal advice.

[Kol]

Is your EB1 or EB2?

If your H1 RFE is denied , yes you can still file L1A extension (before I-94 expiry). But I doubt if you would be eligible to apply H1 in April 2015 as you would have already crossed the 6th Year mark.

This is my opinion not legal advice.

I have an approved 1-140 on EB2, will it help to apply H1B on April 2015 if my RFE is denied.

Thanks
Kol

[Kol]

H1B approved After 2nd RFE

Thanks Everyone for the Support..Finally my Second RFE is Cleared and H1B Conversion is Approved for 1 year

Thanks
Kol