L1B to H1B transfer RFE

[L1BtoH1Brfe]

Hi, I am currently on an L1B visa that expires in Mar 2011. My employer filed for transfer to an H1B visa and received an RFE. They responded to the RFE in October and the case is currently pending. Will I be able to travel to India and reenter the US on my L1B visa (return Dec 01, 2010) while the decision on the RFE is pending?

[shervin143]

Here are couple of smilar posts. The same applies for a change of status too.

http://www.immihelp.com/forum/showthread.php?t=80575

http://www.immihelp.com/forum/showthread.php?t=82017

[L1BtoH1Brfe]

Thank you! So essentially I should not travel until a decision on my H1B visa transfer has been made?

[shervin143]

It is very much advisable to do so. You can upgrade your case to premium to get a result within 15 days.

Thank you! So essentially I should not travel until a decision on my H1B visa transfer has been made?

[L1BtoH1Brfe]

The original tranfer was filed under premium. That does not apply for RFE response, right? The response to RFE was submitted on Oct 01, 2010 at the San Francisco processing center. Would you know what the typical average turnaround time for a decision on RFE is?

[shervin143]

If the petition was filed under premium process, then upon responding to RFE (The date on which the requested documents been received by USCIS), it will take 15 days to get a decision. If not, your company attorney should check with USCIS.

The original tranfer was filed under premium. That does not apply for RFE response, right? The response to RFE was submitted on Oct 01, 2010 at the San Francisco processing center. Would you know what the typical average turnaround time for a decision on RFE is?

[L1BtoH1Brfe]

Are you sure about that? My company immigration contacts say that this is not so. Is there a link off USCIS website that says this?

[txh1b]

Look on USCIS site. A simple search will find it.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=971b60657dd68210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

[blueocean1430]

L1 to H1 status change RFE on premium

Hi, I am currently on an L1B visa that expires in Mar 2011. My employer filed for transfer to an H1B visa and received an RFE. They responded to the RFE in October and the case is currently pending. Will I be able to travel to India and reenter the US on my L1B visa (return Dec 01, 2010) while the decision on the RFE is pending?

Hi.. I have a similar case. I am on L1 status. My H1 is already approved by another employer. I got a Client and my new Employer applied for L1 to H1 status change on premium. I got a RFE on day 14th. The issue is the Client wants me to join and if I join the new client and if my RFE turns into denail (touchwood, I hope not) what are my options. Will my H1 visa be stilll valid ? Its already approved till sept, 2015. Is it illiegal to work for new client when my status is already under file. and is it ok to resign from my L1 employer?

These questions are really buffing me day and night, any insight into it will be helpful

[raghvi]

Hi.. I have a similar case. I am on L1 status. My H1 is already approved by another employer. I got a Client and my new Employer applied for L1 to H1 status change on premium. I got a RFE on day 14th. The issue is the Client wants me to join and if I join the new client and if my RFE turns into denail (touchwood, I hope not) what are my options. Will my H1 visa be stilll valid ? Its already approved till sept, 2015. Is it illiegal to work for new client when my status is already under file. and is it ok to resign from my L1 employer?

These questions are really buffing me day and night, any insight into it will be helpful

Few question, when you say your H1 is approved , do you mean you already have a new I797, and a new I-94? If yes, then you should have already been working with the new employer , what is the RFE for? If no, then it means your H1 isnt approved.

This is my opinion not legal advice.