New H1 after L1 extension is in RFE

[sunee]

Hi,

My L1 visa and I-94 were expired on August 23rd. My employer has applied for extension on August 8th. I got RFE on L1 extension.

Can I go back to India and apply for a new H1 visa in premium and come back with in 1 or 2months?

If I can do that, what will happen for my L1 extension?. Is it mandatory to cancel the L1 extension by my employer?

Please help me.

[shervin143]

Can I go back to India and apply for a new H1 visa in premium and come back with in 1 or 2months?
>>> Possible. Once the H1B gets approved, get the H1B visa stamped and re-enter U.S.

If I can do that, what will happen for my L1 extension?. Is it mandatory to cancel the L1 extension by my employer?
>>> If you leave the country, the EOS may get denied. Anytime spend in U.S after the I-94 expiry date will be considered as illegal stay.