RFE was not responded on time for H1 conversion

[jersey8101]

I was working for company A on L1 Visa with was due to expire on Nov 1o. Company B hired me and started the conversion process for H1 on Oct 27 in premium processing an gave me the tentative joining date as Nov 15. During processing, RFE was raised by USCIS. Per online status, RFE was raised on Nov 9. Company B waited to receive the RFE, finally on Dec 8, USCIS told company B that they will refax the RFE. RFE was received by company B on Dec 10. Now the date to respond on RFE was given as Dec 9. On Dec 20, company B told me that since the date to responsd has passed, so USCIS will issue a denial notice and hence I should States ASAP. Please suggest
1. Since the RFE was received my company B on Dec 10, will not the company be able to file the response and explain the reason for delay so that the case is not closed and denial notice is not raised?
2. If the denial notice is raised, then how much time do I have to leave States?
3. Right now, the status is "RFE", what is the difference if I leave now vs if I leave after the denial notice is raised? Company has told me that it will be better to leave before the denial notice.

Please suggest asap and I am right now in doldrums and need your help and support to understand what options to do I have and what is the best i can do at this stage.

Thanks

[shervin143]

Are you working for Company A (L1 employer) or the Company B (H1B employer) now?

[jersey8101]

Currently i am in between jobs :-(

[shervin143]

Not sure what exactly you mean by that. You are suppose to be employed with the L1 employer until the H1B COS gets approved. If not, you are either out of status on L1 (Provided you have a valid L1 I-94 right now) or your presence in the country is illegal now (If the I-94 has already expired and the L1 extension has never been filed). Any employment with the H1B employer before the approval of the COS is illegal.

Currently i am in between jobs :-(

[jersey8101]

Yes my L1 has expired. My new company's immigration team told me that if the conversion is filed before the current visa is over, then it is legal to stay in us. So they filed it, petition was in processing status in USCIS and my visa got over in between. Since the H1 was not in processing status, therefore I was not working, and thats what i meant by inbetween jobs.

So now, since the RFE was not responded on time, so what options do i have and what all documents should i procure so that i dont face issue in my visa interview for the future? Should i ask the company to give me a letter saying why they were not able to file the RFE on time?

[shervin143]

Yes my L1 has expired. My new company's immigration team told me that if the conversion is filed before the current visa is over, then it is legal to stay in us. So they filed it, petition was in processing status in USCIS and my visa got over in between. Since the H1 was not in processing status, therefore I was not working, and thats what i meant by inbetween jobs.
>>> Well, that information is wrong. You need to be on a valid immigration status to be in the Country. Until the COS to H1B gets approved, you are not in H1B status. Since your L1 expired, you are not in L1 status as well. Your presence in the country right now is illegal and it could cause a lot of issues later.

So now, since the RFE was not responded on time, so what options do i have and what all documents should i procure so that i dont face issue in my visa interview for the future?
>>> Forget about the RFE. Avoid accumulating more illegal stay. Anytime spent after your L1 I-94 expiry date will be considered illegal if the H1B gets rejected and that could cause a lot of issues for you later. Your best bet is to leave the country as soon as possible. If the H1B gets approved, get it stamped and return back.

Consult a good immigration attorney if possible.