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Very urgent : H1 pending RFE received

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  • Very urgent : H1 pending RFE received

    Hello,

    I've applied for H1b this year through company Y with COS. My case was picked up in the lottery and was sent to vermont for H1 processing.
    I'm working on L1B visa in the US for company X.
    To void the COS, I travelled on my pending petition.
    Came back to the US with new I94 on L1B visa.

    My H1 is still pending while I'm working on L1B visa.
    It seems employer got an RFE for my H1 and he has to reply to that.
    USCIS is asking for paystubs from Jan to Oct 08 and wants to know what project I'll be working for.

    I do not want to work on H1 now. Want to continue on L1.

    My questions are:

    1) Should I give emp Y the copy of paystubs ?
    2) If we replied to the RFE, will my status become H1 automatically upon approval ?
    3) What else should I do stay in status for L1 ?

    Thanks

  • #2
    1. If you want the H1b approved.
    2. Not really. Only if you get an I797A approval, COS is effective if the i-94 attached to it matches the latest I-94.
    3. Nothing. You already are on L1.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Not really. Only if you get an I797A approval, COS is effective if the i-94 attached to it matches the latest I-94.
      While filing H1, I gave my old I94. Now after travelling, I have my new I94.
      Is it possible that USCIS will send H1B approval with my current I94 ?
      If yes, how will they get my new I94 ?

      Can the emp Y withdraw my H1, if I do not provide doc for replying to RFE ?

      Comment


      • #4
        Employer can do anything. USCIS will not *****ally approve with your new I-94 number unless specifically provided.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          So will it impact my L1 in anyway if I select not to produce any docs for responding to the RFE ?

          Comment

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