L1 to H1B

[venkanna7h]

Hi **** ** community,

I have couple of questions on my H1B filing. Please could you advice.

Background : I came here to US in 2010 on L1B through ABC company and my visa valid through 2013. During my stay in US with ABC company, I have applied for H1B(2011 H1B cap) through XYZ small consulting company. After filing, XYZ company got an RFE(not sure what exact RFE that they got) somewhere in March'11. XYZ asked for my pay stub of ABC company and then something responded back to the CIS on 20th April. Whenever I see the status of my application thorugh USCIS site, showing me RFE is in review. I have called USCIS after 20th June and they told me that they are processing 16th April files. And again I called USCIS in first week of July, the adviced me to contact XYZ company for the status and USCIS shares the decision information to empoyer not with me. Then I called XYZ company and asked for the latest status - XYZ company informed me that they have tried to reach USCIS couple of times on my case and other case, however, USCIS told that they'll inform the decision through postal mail. Still I'm with ABC company and in USA.

Past 3 months below is the status.

On April 20, 2011, we received your response to our request for evidence. .......We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response...

Here are my questions.

1. why my case is taking longer than 60 days?. seems to be now USCIS processing May'11 RFEs and mine was 20th April'11 RFE. Is the status always up to date on USCIS web site and the data with USCIS.
2. Is there any possibility that XYZ company having the status but not sharing with me.
3. As it is taking more than 60 days, can I assume it's rejected?.
4. If it is rejected,
a. will it be there on my history or I mean if I want to apply for new visa in future, do I need to say mention that my VISA rejected for Any VISA rejections option. Will it be any problem to my future.
b. How long should I wait for(give a gap) to file for another H1B.
c. Can I continue my relations with XYZ company to file another H1B for year 2012 H1B or I must go with other company.
5. If it is approved in future
a. As I'm on L1B, do I need to quit my current ABC company as soon as I get approval or is it okay to stay with my ABC company on L1B as long as I want.

Thanks,

Venkanna

[shervin143]

1. why my case is taking longer than 60 days?.
>>> It takes 2-3 months by normal processing. Can can upgrade to premium anytime and get the result within 15 days.

seems to be now USCIS processing May'11 RFEs and mine was 20th April'11 RFE. Is the status always up to date on USCIS web site and the data with USCIS.
>>> The status in the USCIS website is not always accurate.

2. Is there any possibility that XYZ company having the status but not sharing with me.
>>> Possible.

3. As it is taking more than 60 days, can I assume it's rejected?.
>>> Until a decision is made, you don't have to assume anything.

4. If it is rejected,
a. will it be there on my history or I mean if I want to apply for new visa in future, do I need to say mention that my VISA rejected for Any VISA rejections option. Will it be any problem to my future.
>>> There is a difference between visa rejection and petition rejection. While filling the application for visa interview (DS160) they do not ask about the petition rejection. You only need to mention about any visa rejection there.

b. How long should I wait for(give a gap) to file for another H1B.
>>> There is no such requirement. You can file anytime.

c. Can I continue my relations with XYZ company to file another H1B for year 2012 H1B or I must go with other company.
>>> You can do both. For company XYZ to file another petition, the former petition should either be withdrawn or it should have been rejected by USCIS.

5. If it is approved in future
a. As I'm on L1B, do I need to quit my current ABC company as soon as I get approval or is it okay to stay with my ABC company on L1B as long as I want.
>>> You need to join the H1B sponsor as of the H1B effective date. Any employment with the L1 employer after the H1B COS is considered illegal employment.

[venkanna7h]

Prompt and excellent replies shervin143, thanks a ton. I'm very much happy for this.

However, 5th question reply put me in bit tense and made me to seek some more suggestions from you.

5. If it is approved in future,
a. As I'm on L1B, do I need to quit my current ABC company as soon as I get approval or is it okay to stay with my ABC company on L1B as long as I want.
>>> You need to join the H1B sponsor as of the H1B effective date. Any employment with the L1 employer after the H1B COS is considered illegal employment.

I have still 6 more months project with ABC company on L1B and after that 6 months period, probably, I'll be going back to India. As I'm not sure whether my petition is going to approve or deny, I can not date to give a notice to my current employer. However, I have to provide at least two weeks of notice to my current employer. Otherwise, I may not get service letter and other payments.

1. Please could you/any one in our community advice what best I can do with the above scenario?
2. Is H1B effective date, H1B COS and petition approval date are same/synonyms.
3. If yes, once my petition is approved in near future , immediately should I stop my duties to ABC and join XYZ.
4. To escape from illegal employment, can I go to India on the day of my petition approval or just is it okay to not going to ABC office duties and resign on same day?

Regards,

Edukondalu

[shervin143]

1. Please could you/any one in our community advice what best I can do with the above scenario?
>>> Read answer # 4.

2. Is H1B effective date, H1B COS and petition approval date are same/synonyms.
>>> It depends on what effective date the employer requested. In most cases, the employer would request an immediate start date. In such case, the H1B approval date is the date on which the petition becomes effective.

3. If yes, once my petition is approved in near future , immediately should I stop my duties to ABC and join XYZ.
>>> Yes. When you status changes from L1 to H1B (Only if H1B approval comes with a new I-94), you can no longer work for the L1 employer, because you are no longer in L1 status.

4. To escape from illegal employment, can I go to India on the day of my petition approval or just is it okay to not going to ABC office duties and resign on same day?
>>> Yes. You can leave the country and re-enter back in L1 visa/petition which will put your status back to L1 (You will get a new I-94 at the POE that is associated to your L1 status). Make sure you return all the other I-94's that you have when you leave the country including the one that comes with the H1B approval notice.

[venkanna7h]

Ah, getting to know, lot of new things Shervin143 and in turn these raising new questions. Thanks again for your reply. Hoping these would be my last questions. Sorry to bug you.

1. As I mentioned, already RFE submitted by XYZ company and now the status is RFE under review. After this status, USCIS directly go for the decision as a next step or will they send another RFE?.
2. If I'm not aware(get to know late) about the H1B petition approval decision on time either from employer or from USCIS and continuing my employment with ABC company, still am I liable for the illegal employment?.
3. I sent a mail to XYZ company to withdraw from my H1B petition on 18th April. I have that mail communication with me. However, XYZ company they ignored my withdrawal mail, and replied to RFE. Still am I liable for illegal employment, if I stay without leaving country/continue my employment with ABC company?.
4. What is the best way to receive up to date information about my petition to react immediately?. USCIS told me not to contact them for the status.

Regards,

Edukondalu

[shervin143]

1. As I mentioned, already RFE submitted by XYZ company and now the status is RFE under review. After this status, USCIS directly go for the decision as a next step or will they send another RFE?.
>>> No one can predict. If they need more documents, then they will issue another RFE.

2. If I'm not aware(get to know late) about the H1B petition approval decision on time either from employer or from USCIS and continuing my employment with ABC company, still am I liable for the illegal employment?.
>>> Yes.

3. I sent a mail to XYZ company to withdraw from my H1B petition on 18th April. I have that mail communication with me. However, XYZ company they ignored my withdrawal mail, and replied to RFE. Still am I liable for illegal employment, if I stay without leaving country/continue my employment with ABC company?.
>>> Yes. You are responsibile for your status and employment. You need to be at the top of it.

4. What is the best way to receive up to date information about my petition to react immediately?. USCIS told me not to contact them for the status.
>>> Keep checking the online status and keep checking with your H1B sponsor. Whenever the petition gets approved, join the H1B sponsor immediately or leave the country and return back in L1 visa.

[venkanna7h]

shervin143 thanks for all your replies and I really appreciate your prompt response. I have posted the same question other forum, however I didn't get any response as of now. I feel very very happy.

Thank You immihelp.com for providing such a nice forum.

Regards,

Edukondalu

[venkanna7h]

Hurray, my H1B denied. I can continue with my L1B company for some time and I don't need to leave country.

Regards,

Edukondalu