H1B Approved, L1B extension pending due to RFE

[immiqvd]

Hi All,

I am working for company A on L1B visa which the I-94 was already expired on 8-Oct-11. Applied L1B extension for the same on Jul 27th 2011 and USCIS issued RFE for the same on 29 Sep'11. USCIS has given time to respond to RFE till 19 Dec 2011.

In the mean time company B sponsored me an H1B filed on Oct 28th 2011 and got approved with COS effectively from 01 Dec 2011. I am officically on H1B status now with valid H1B I-94 valid till Sep'2014. I am lucky to have H1B approved with COS even after my L1B I-94 expired on 08 Oct 2011.

Now, my questions are below.

1> I am planning to wait my resignation with company A (which will not be ideal/good) as my work with company B will start by only Jan 2012. So how long can be with company A on L1B?

2> As my RFE response for L1B extension is nearing 19-Dec-2011, shall I put my resignation immediately with company A and I'll ask them to withdraw my L1B extension process?

3> After I put my resignation with company A, how long they are eligible to pay my salary. What will happen if they ask me to leave the country as L1B?

I appreciate if someone answer my Question at the earliest.

Please advice.

[kabkaba]

Since your H1 is approved with change of status, any work for A is illegal already and not working for B makes you out of status. Consult an experienced attorney on how to proceed. You must join B asap IMO.

[immiqvd]

H1B Approved, L1B extension pending due to RFE

Thanks a lot for the qucik reply. Yes, I am going to start working for the H1B emplyer - B soon.

As I am in valid H1 status now, what will happen to the L1B extension process which USCIS requested for an RFE. I submitted my resignation with L1 company A.

1> Do I need to ask them (L1 Company) to withdraw / or they need to file for an withdraw as I submitted the resignation?
2> What will happen if my L1 company A not responding to the RFE? I think it is a big corporate, so they don't want to leave the case as it is.

Any of the either cases, will it effect my H1 B status?

Please advise.

[shervin143]

If you start working for the H1B employer and your L1 employer ignore your L1 extension, then no issues. But of they respond back to the RFE and if L1 extension gets approved, then as per the last action rule your status will change to L1 and you should work for the L1 employer to maintain the L1 status or leave the country and return back in H1B visa and continue working for the H1B employer. If you quit, then you need to make sure that the L1 employer withdraws the application to be on the safer side.

Thanks a lot for the qucik reply. Yes, I am going to start working for the H1B emplyer - B soon.

As I am in valid H1 status now, what will happen to the L1B extension process which USCIS requested for an RFE. I submitted my resignation with L1 company A.

1> Do I need to ask them (L1 Company) to withdraw / or they need to file for an withdraw as I submitted the resignation?
2> What will happen if my L1 company A not responding to the RFE? I think it is a big corporate, so they don't want to leave the case as it is.

Any of the either cases, will it effect my H1 B status?

Please advise.