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H1B Process and L1b RFE

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  • H1B Process and L1b RFE

    Information regarding my case:
    ******************************
    1. L1b Visa Expiry date Jul 13 2012 / I-94 validity Sep 18 2012
    2. L1b Extension Applied (primary & dependents) Jul 06 2012 / RFE on 22 Aug 2012 and due date is Nov 18 2012
    3. company applied H1b Applied on May 04 2012 / L1b -> H1b COS / Case pending
    4. Company is working immediately on premium processing of H1b in 2-3 weeks

    Questions
    *********
    what is the best option in my case

    1. if i change my H1b to premium will it be approved or i should respond to RFE for L1b first before changing my H1b to premium

    2. will my H1b approval depends on the L1 approval / RFE / denial

    Regards,
    Ayush

  • #2
    I Have end up in the same situation ..L1 B extension RFE and H1 B in REF,But my H1 is not Premium..Not yet decided what to do .Will update you in case if i get any solution..

    Comment


    • #3
      Originally posted by ayush2006 View Post
      Information regarding my case:
      ******************************
      1. L1b Visa Expiry date Jul 13 2012 / I-94 validity Sep 18 2012
      2. L1b Extension Applied (primary & dependents) Jul 06 2012 / RFE on 22 Aug 2012 and due date is Nov 18 2012
      3. company applied H1b Applied on May 04 2012 / L1b -> H1b COS / Case pending
      4. Company is working immediately on premium processing of H1b in 2-3 weeks

      Questions
      *********
      what is the best option in my case

      1. if i change my H1b to premium will it be approved or i should respond to RFE for L1b first before changing my H1b to premium

      2. will my H1b approval depends on the L1 approval / RFE / denial

      Regards,
      Ayush
      L1 Extension and H1 are independent processes so you have to ensure both are taken to their logical conclusions. Assuming your H1 approval comes in before 01 Oct 2012 in most likelihood it will be effective 01 Oct 2012 so it is important that you get L1 Approval too before 01Oct 2012 as otherwise you are out of status from Sep 18 2012 till 01 Oct 2012. Having H1 and L1 going on parallely has an inherent risk in the doubt surrounding Last Action rule as there is always confusion as to what will become effective last and what actually is one's status after both are approved one after the another. Nonetheless, in my opinion it would be better to respond to L1 RFE and get L1 extension processing converted to premium as the risk of being out of status from Sep 18th to H1 approval is there.
      This is my opinion not legal advice.

      Comment


      • #4
        Can you please let me know why you think out of status from Sep 18th to H1 approval is there. I have already L1B Ext with RFE and due date is Nov 18th 2012.

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