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  • RFE on L1 extension

    I am on L1 visa and it expires on April 30. My company has applied for L1 extension but got an RFE.

    1. Once we respond to RFE, usually how many days it takes to get a response?

    2. After the RFE would it accept / Reject or could there be a second RFE ?

    3. If the extension is rejected, is it illegal to stay from next day or do they usually provide a time frame?

    4. How many days it takes to get a new L1 from India with a blanket petition?

    Please give me quick response if possible.

  • #2
    1.After you respond , it will take 2 weeks to 3 months time.

    2.90% you will get a Decision either 'Approved or Denied'

    3.If it is rejected , you need to leave immediately. No Timeframe will be given.

    4. 1 0r 2 months.. depends on the Immigration team of your Company.

    All the Best

    Comment


    • #3
      Originally posted by mirun117 View Post
      2.90% you will get a Decision either 'Approved or Denied'
      What about the remaining 10%?

      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


      • #4
        Thanks Mirun117 for the info.
        A few more questions.

        1. My wife is on L2 and her L2 is in pending status. Can she travel to India when her L2 is in pending status ?

        2.Mine was normal processing.Would changing to Premium processing makes any difference? Would I get a response in 15 days?I read some where that once we get the RFE, it is of no use even if it is premium processing.Is that true?

        Comment


        • #5
          L1B Extension Denial

          Pranav,

          Hopefully you will get you your extension by god's grace.

          Txh1b/mirun117,
          My L1B extension got denied 3 days back for lack of special skills.What are my options.Can my company lawyers appeal against it.Will it allow me to stay and work in US.

          Meanwhile can they apply for L1.

          Thanks
          Anil

          Comment


          • #6
            RFE on L-1 extension; Pending; Can I travel to India??

            [COLOR="DarkRed"]Hi all - I need your advise.. Could you let me know if I can travel to India with the response from USCIS on my L-1 visa extension pending. I too submitted an RFE to USCIS and waiting to hear from them. My company responded on March 30, 2009 and I know there would be a 2 month time frame to hear back from USCIS. I will have to travel to India in the last week of May. If I don't hear anything by then, can I travel to India? I know that I need to get my Visa stamped over there. Are there any issues that I need to take care.[/COLOR]

            Comment


            • #7
              Denial can be appealed but you cannot work during the appeal.

              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


              • #8
                Originally posted by ramanamaharshi View Post
                [COLOR="DarkRed"]Hi all - I need your advise.. Could you let me know if I can travel to India with the response from USCIS on my L-1 visa extension pending. I too submitted an RFE to USCIS and waiting to hear from them. My company responded on March 30, 2009 and I know there would be a 2 month time frame to hear back from USCIS. I will have to travel to India in the last week of May. If I don't hear anything by then, can I travel to India? I know that I need to get my Visa stamped over there. Are there any issues that I need to take care.[/COLOR]
                The L1 sponsoring companies care about nothing but their bottom line. They use the extension, RFE response approach knowling that the visa would get denied just to buy time and have the person work for a few more months during this. You can go out anytime but to enter, you would need an approval.

                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


                • #9
                  Txh1b,

                  Thanks a lot for you replies.This has helped to plan ahead and clear my doubts.

                  If I go back to India ,is thier timeline when my company can apply for L1A. My L1B was in the 5th year,when the extension was denied.

                  Once again thanks for all the replies.

                  Regards

                  Comment


                  • #10
                    If you were already in the 5th year, what was the basis for extension? L1A?

                    You have to wait outside for 1 year.

                    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


                    • #11
                      Originally posted by ramanamaharshi View Post
                      [COLOR="DarkRed"]Hi all - I need your advise.. Could you let me know if I can travel to India with the response from USCIS on my L-1 visa extension pending. I too submitted an RFE to USCIS and waiting to hear from them. My company responded on March 30, 2009 and I know there would be a 2 month time frame to hear back from USCIS. I will have to travel to India in the last week of May. If I don't hear anything by then, can I travel to India? I know that I need to get my Visa stamped over there. Are there any issues that I need to take care.[/COLOR]


                      Once u travel to India, it is a sticky situation. My husband went to India in a very similar situation. He had applied for extension and left. Then he got an RFE. The company decided to withdraw his petition as he was out of US. Once this happens, we have to wait untill the "withdrawal acknowledgement notice sent" appears as ur status on the USCIS website to file a new blanket approval. But for this to appear on the USCIS website, we were told that it is taking 2 months now as there is some rush due to the H1B deadline(in April). That means, wait for 2 months in India, apply for blanket approval(will take 1 month) and apply for visa(2-3 wks), fly back. So we are looking at 3-4 month time frame here. So u need to decide what to do.

                      Comment


                      • #12
                        Txh1b,

                        My extension was applied in my 4th year,last september.It took time to process,went thru 1 RFE and by that time I am in 5th year.My 5th year will end on November 2nd.



                        Regards

                        Comment


                        • #13
                          Hi All,

                          My company has not yet responded to RFE. For some reason they are delaying it.My visa is expiring on April 30th . When I asked the company attorney about converting to premium processing, what he said is once you get the RFE and respond to it, the response time from USCIS would be the same. Both premium and normal ones are treated the same. Is that true?

                          Comment


                          • #14
                            If you upgrade to premium processing The USCIS has 15 days to either respond with approval,denial,intent to deny or a rfe. If there is an RFE and you respond to RFE, USCIS has 15 more days to respond with decidion. It is not true that the Premium processing is same as genral processing if you get an rfe.

                            Comment


                            • #15
                              Hi All,

                              Thanks for all the suggestions. Finally I got my L1 extension approved after the RFE.
                              God is Great!!!

                              Comment

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