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L1B extension approved, new H1B got RFE

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  • L1B extension approved, new H1B got RFE

    Background:
    1. L1B extension filed in Feb 2016 with Company A
    2. I94 expired in March 2016.
    3. L1B was in process and simultaneously another employer Company B filed H1B with Change of Status; applied on April 1st, 2016.
    4. H1B RFE received in Oct 2016, not yet replied
    5. L1B of Company A approved in Nov 2016

    Questions:
    1. If H1b gets approved:
    a. will I get a new I94 with it?
    b. Or it will be a consular processing, which means I will have to go out to get H1B stamped and reenter?

    2. If H1b gets rejected, what are the implications on my current status?
    a. Will L1B (of Company A) status be valid?
    b. OR L1B is void and I am without any status

    3. If for any reason I choose to withdraw my H1b, what will the implication be on my current L1B status?

    Please help!!

  • #2
    Originally posted by Need_L1b_to_H1b View Post
    Background:
    1. L1B extension filed in Feb 2016 with Company A
    2. I94 expired in March 2016.
    3. L1B was in process and simultaneously another employer Company B filed H1B with Change of Status; applied on April 1st, 2016.
    4. H1B RFE received in Oct 2016, not yet replied
    5. L1B of Company A approved in Nov 2016

    Questions:
    1. If H1b gets approved:
    a. will I get a new I94 with it?
    b. Or it will be a consular processing, which means I will have to go out to get H1B stamped and reenter?

    2. If H1b gets rejected, what are the implications on my current status?
    a. Will L1B (of Company A) status be valid?
    b. OR L1B is void and I am without any status

    3. If for any reason I choose to withdraw my H1b, what will the implication be on my current L1B status?

    Please help!!


    Can some one please help!!

    Comment


    • #3
      Originally posted by Need_L1b_to_H1b View Post
      Can some one please help!!
      What was the H1 RFE about?

      Comment


      • #4
        Originally posted by raghvi View Post
        What was the H1 RFE about?
        RFE is asking for IT experience details as my major is in non-computer science stream.

        Comment


        • #5
          Originally posted by Need_L1b_to_H1b View Post
          Background:
          1. L1B extension filed in Feb 2016 with Company A
          2. I94 expired in March 2016.
          3. L1B was in process and simultaneously another employer Company B filed H1B with Change of Status; applied on April 1st, 2016.
          4. H1B RFE received in Oct 2016, not yet replied
          5. L1B of Company A approved in Nov 2016

          Questions:
          1. If H1b gets approved:
          a. will I get a new I94 with it?
          b. Or it will be a consular processing, which means I will have to go out to get H1B stamped and reenter?

          2. If H1b gets rejected, what are the implications on my current status?
          a. Will L1B (of Company A) status be valid?
          b. OR L1B is void and I am without any status

          3. If for any reason I choose to withdraw my H1b, what will the implication be on my current L1B status?

          Please help!!
          1. If COS is approved it will come with new I-94. As logn as you have been maintaining valid status, and RFE evidence provided is satisfactory, high chances that COS will be approved.
          2. No implications, you continue to stay in L1 period.
          3. No implications, dont see a reason why you would want to withdraw the H1. Also I hope you do realize that once COS to H1 is approved, you must work and get paid by H1 employer.

          This is my opinion not legal advice

          Comment


          • #6
            Originally posted by raghvi View Post
            1. If COS is approved it will come with new I-94. As logn as you have been maintaining valid status, and RFE evidence provided is satisfactory, high chances that COS will be approved.
            2. No implications, you continue to stay in L1 period.
            3. No implications, dont see a reason why you would want to withdraw the H1. Also I hope you do realize that once COS to H1 is approved, you must work and get paid by H1 employer.

            This is my opinion not legal advice
            Thanks a lot for your response!!

            Comment

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