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H1B from India while in USA on L1B extension RFE

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  • H1B from India while in USA on L1B extension RFE

    Hi, I am in troublesome situation and seeking for help....

    I am in US with my Wife. We applied for L1B extension via company A in US and got RFE for myself while wife's case is still under initial review as per USCIS status.

    Now i have to reply on RFE by 1st Jan 2012, so i can stay till that day in US. Meanwhile my I94 also got expired after filling L1 extension.

    So as per current situation because my VISA is expired and I94 expired, so i can not file any VISA in US but can stay till the date of RFE response given b y USCIS.

    Now my same Employer A is filling my New H1B from India under Premium processing. So my question is.....

    1. In case my H1B is approved, do i need to go out of US to get the passport stamped with New Visa H1B ? in order to start working on H1B. Note that the employer is same for L1B as well as H1B.

    2. Can i continue working in US without stamping on passport just on the basis of H1B approval and later on whenever i go out of US then get it stamped ?

    3. I heard that there's the way to change the status in US from L1B to H1B via employer. Can any one provide some details on that?

    I called the situation troublesome due to the fact that my wife is pregnant and in 6.5 month of pregnency, So looking for the way to avoid going out of US for any sort of stamping and try to continue here on H1B while waiting to reply on RFE of L1B premium extension. My wife is due by 10th Feb 2012, so looking for the way to stay in US till that day. My Employer is also helpfull and trying to avoid that situation via whatever possible means.

    Early response is appriciated and thanks in advance for your help.

  • #2
    1. In case my H1B is approved, do i need to go out of US to get the passport stamped with New Visa H1B ? in order to start working on H1B. Note that the employer is same for L1B as well as H1B.
    >>> Yes. Your employer is filing the H1B as a consular process. When the petition gets approved, you need to get the H1B stamped and return back in H1B visa to work in H1B status. Since your I-94 has already expired, if they have to file a change of status, then it has to be a bridge petition. Search and read about bridging and the issues with this approach.

    2. Can i continue working in US without stamping on passport just on the basis of H1B approval and later on whenever i go out of US then get it stamped ?
    >>> Read the above answer. H1B approval will mean nothing until you get the H1B visa stamped and re-enter in H1B visa. You will remain to be in L1 status. If L1 gets rejected, then the time spend in U.S after the I-94 expiry date will be considered as illegal stay irrespective of whether the H1B petition gets approved or not.

    3. I heard that there's the way to change the status in US from L1B to H1B via employer. Can any one provide some details on that?
    >>> The petition need to be filed as a chnage of status. In such case, the approval notice will come with a new I-94 which will change your status to H1B and you can continue to work in U.S in H1B status. But for a COS to work without any issues, your I-94 should remain valid as of the date of filing. In your case, it is still possible to file the H1B as a COS. But it has to be a bridging petition.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks Shervin for your valuable inputs on my case. WHat i understood is that bridge petition is the only way to stay in US which is also not possible in my case as my I94 is already expired on 11th Oct (yesterday) ;-(

      Also i didn't find anything through which i can stay in US on the basis of my wife's pregnancy, so have to go back to India and then wait for H1B stamping in order to return back.

      Normally last rule action (whatever it is called) in worst case scenario can be taken but corporate companies normally avoid that and don't encourage employees to go through that way.

      So i think i got my decision here....Go back to India, wait for H1B approval and then get it stamp and come back later.

      Thanks Again for your help.

      Comment


      • #4
        Since your I-94 already expired, filing the H1B as a bridge is the only option now. However, it makes no sense to do that because both the L1 extension and the H1B are from the same employer. In bridging, unless the first petition (L1 extension) gets approved, the H1B petition will not get approved. If the H1B was filed as a COS prior to your L1 I-94 expiry date, then there is no need to file the H1B as a bridge to the pending L1. In such case, even if L1 extension would have got denied, there are chances that H1B might have got approved. At this point your only option is to be hopeful that the L1/l2 extensions will go through successfully and you can continue to stay in the country.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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