L1 - RFE response time

[PravinJ]

Hi,

My L1 visa Exp on - July, 1st 2013
I94 Exp on - July, 1st 2013

I got RFE which mentioned response date by - August, 26 2013.

My employer told me that they will respond to RFE in August 2nd week, and I can stay till getting USCIS decision which will take 120-240 days.

My questions are -

1. Is it legal stay if employer responding RFE after I94 expires ?

2. Should I ask them to file Premium RFE response to avoid stay after July 1st 2013? I read in this forum that the period I will spend after VISA or I94 exp will be out of status. Is it true?

3. My H1 is also in process, would it be affected if my L1 gets denied?

4. If my employer respond RFE in normal process, what would be response time from USCIS?

5. What would be status if my L1 gets denied after Sep/Oct and H1 approved?

Seeking help URGENT help. Hope somebody has similar experience...pls share. Thanks.

[raghvi]

1 and 2. This is what USCIS says :

What if I file for an extension of stay on time but USCIS doesn't make a decision before my I–94 expires?

Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied to extend your nonimmigrant status. Generally, as a matter of
discretion, USCIS will defer any removal proceedings until after the petition is adjudicated and USCIS decides your extension of nonimmigrant status request. Nevertheless, DHS may bring a
removal proceeding against you, even if you have an application for extension of status pending. Even though you are not actually in a lawful nonimmigrant status, you do not accrue “unlawful presence” for purposes of inadmissibility under section 212(a)(9)(B) of the Act, while your extension of status application is pending if it was filed prior to the expiration of your Form I-94.
Although you are out of status, you may be permitted, depending on your classification, to continue your previously authorized employment for a maximum period of 240 days while your extension
application is pending if USCIS receives your application before your Form I-94 expires, and you have not violated the terms of your nonimmigrant status. You may be required to stop working,
immediately, when the first of the following events occurs:

• 240 days elapses from the date your I-94 expires; or
• USCIS has made a final decision denying your extension application.

If your application is approved, the approval will relate back to the date your Form I-94 expired, and your status during the pendency of your application will then be considered to have been lawful. If your application is denied, you may be required to cease employment and depart the United States immediately. In addition, any nonimmigrant visa in your passport granted in
connection with your classification becomes void. Once your visa is void, you must submit any new visa application at a U.S. consulate in your home country (not a third country, except in rare instances as determined by the U.S. Department of State).

3. A fresh H1 can have an earliest start date of 01-Oct-2013. But you would need to be in valid status from yoru I-94 expiry i.e. July 1- 2013 till 01-Oct-2013, which is possible only if you have a successful L1 extension approval.

4. No one can predict.Few weeks to months.

5. Typically you would get an RFE for the H1 to first prove that your L1 extension was approved and your were in status from 01-July 2013 onwards, OR you might get H1 approved as consula rprocessing, which will involve you to leave US and get H1 stamped in order to get on H1 OR you would have to apply for COS again from L1 to H1 is L1 extension approved.

This is my opinion not legal advice.

[PravinJ]

Thanks for your help, I asked employer for premium process which will help me get status earliest.

5. Typically you would get an RFE for the H1 to first prove that your L1 extension was approved and your were in status from 01-July 2013 onwards, OR you might get H1 approved as consula rprocessing, which will involve you to leave US and get H1 stamped in order to get on H1 OR you would have to apply for COS again from L1 to H1 is L1 extension approved.

Yes I got RFE for H1, I saw status today but my employer not yet received letter form USCIS.

One more Question - If my L1 Ext rejected, & response from USCIS received after I94 exp (like 15 days after). Will it be create problem in H1 stamping process?

Thanks!

[raghvi]

Thanks for your help, I asked employer for premium process which will help me get status earliest.




Yes I got RFE for H1, I saw status today but my employer not yet received letter form USCIS.

One more Question - If my L1 Ext rejected, & response from USCIS received after I94 exp (like 15 days after). Will it be create problem in H1 stamping process?

Thanks!

As mentioned you technically wont accrue any unlawful presence so it should not adversely affect the H1 decision. the H1 stamping will be treated separately and if H1 documentation is fine you should get it without any issues, and you should be fine.

Only thing is if you get rejected you would have to leave US immediately and stay out of US till H1 stamping is successful and then can return only around 01-Oct-2013.

This is my opinion not legal advice.

[PravinJ]

As mentioned you technically wont accrue any unlawful presence so it should not adversely affect the H1 decision. the H1 stamping will be treated separately and if H1 documentation is fine you should get it without any issues, and you should be fine.

Only thing is if you get rejected you would have to leave US immediately and stay out of US till H1 stamping is successful and then can return only around 01-Oct-2013.

Thanks a lot for your advice, will update my status as soon as I received

[PravinJ]

My both - L1B -Ext & New H1B got RFE. My employer had filed it in normal process, updated date on USCIS is respectively -

L1B - Aug 1st, 2013
H1B - July 23rd, 2013

Status on USCIS is showing ""Request for Evidence Response Review".

I'm not sure when will receive response since 60 days are already left. My employer is not ready to move in premium. So my questions are -

1. If I travel back to India in Oct'13, what would be impact on my L1B-Extension and H1B-RFE process?
2. Can I convert H1B to premium process from India?

Thanks.

[raghvi]

My both - L1B -Ext & New H1B got RFE. My employer had filed it in normal process, updated date on USCIS is respectively -

L1B - Aug 1st, 2013
H1B - July 23rd, 2013

Status on USCIS is showing ""Request for Evidence Response Review".

I'm not sure when will receive response since 60 days are already left. My employer is not ready to move in premium. So my questions are -

1. If I travel back to India in Oct'13, what would be impact on my L1B-Extension and H1B-RFE process?
2. Can I convert H1B to premium process from India?

Thanks.

Are your H1 and L1 employer's different?

1. L1 extension process stops as you left. H1 COS is considered abandoned.
2. Instead of doing that advisable to respond to H1 RFE and at the same time convert the h1 to consular processing.

This is my opinion not legal advice.

[PravinJ]

My employer is same for both the visa. Fresh H1 applied n got rfe. Shall I go back and wait till H1 decision get approved?

[PravinJ]

Are your H1 and L1 employer's different?

1. L1 extension process stops as you left. H1 COS is considered abandoned.
2. Instead of doing that advisable to respond to H1 RFE and at the same time convert the h1 to consular processing.

This is my opinion not legal advice.

Raghvi,

My employer same for H1 and L1.

I requested for consular processing but my employer want to be process in normal way. So would it be recommended to travel back and come again whenever H1 gets approved or should I wait till get L1 RFE result
Would it be any impact on H1 process except COS abandoned?

[raghvi]

Raghvi,

My employer same for H1 and L1.

I requested for consular processing but my employer want to be process in normal way. So would it be recommended to travel back and come again whenever H1 gets approved or should I wait till get L1 RFE result
Would it be any impact on H1 process except COS abandoned?

In most likelihood the H1 decision will not come till L1 decision is pending.

As for L1 extension employer might just want to take advantage of the grace period of 240 Days allowed to stay and work if extension filed before I-94 expiry. Its you as the employee who is feeling the anxiety. I doubt the employer is even asking their own attorney as many questions.

Its your personal decision to await till L1 decision comes, the only way to speed up that would be to upgrade L1 extension request to premium which your employer might not agree to. If L1 extension approved good, if not be prepared to leave immediately.

This is my opinion not legal advice.

[PravinJ]

In most likelihood the H1 decision will not come till L1 decision is pending.

As for L1 extension employer might just want to take advantage of the grace period of 240 Days allowed to stay and work if extension filed before I-94 expiry. Its you as the employee who is feeling the anxiety. I doubt the employer is even asking their own attorney as many questions.

Its your personal decision to await till L1 decision comes, the only way to speed up that would be to upgrade L1 extension request to premium which your employer might not agree to. If L1 extension approved good, if not be prepared to leave immediately.

This is my opinion not legal advice.

Thanks Raghvi.

My employer has decided to upgrade H1-RFE (submitted on 23rd July) in premium. I really don't know outcome of this because if my L1 decision is pending. I don't think they consulted any attorney. They just told me they're doing it because more hope on H1 than L1.

Could you please suggest which should upgrade first (H1 or L1) ? What happen if I will receive L1 decision in btw (next 15 days)?

[PravinJ]

In most likelihood the H1 decision will not come till L1 decision is pending.

As for L1 extension employer might just want to take advantage of the grace period of 240 Days allowed to stay and work if extension filed before I-94 expiry. Its you as the employee who is feeling the anxiety. I doubt the employer is even asking their own attorney as many questions.

Its your personal decision to await till L1 decision comes, the only way to speed up that would be to upgrade L1 extension request to premium which your employer might not agree to. If L1 extension approved good, if not be prepared to leave immediately.

This is my opinion not legal advice.

Raghvi,

My employer upgrade my H1B case in premium last week. Now the status is -
L1B denied on 16th OCT.
H1B Case updated in premium and changed status as "Initial review" with clock started with 15 days premium process... and after 2 hrs again changed as "Acceptance".

My employer has not provided any updates on it. So would like to know -

I haven't received any communication so should I continue my work here?
Should I wait till my H1B decision (next 15 days)?
If my H1B case approved, Shall I continue without going back to India?

Please help.

[raghvi]

You are not understanding. As your L1 extension has got rejected you are accruing illegal presence from 01-Jul 2013 till today. Having a pending H1 application doesnt grant you work authorization and legal status.

In my opinion you should leave immediately and go for H1 stamping. Staying more than 180 Days illegally in US can attract a 3 Year ban.

If you were in the country illegally for more than 180 days, but less than one year, and you left the U.S. voluntarily before any removal proceedings were instituted against you, you may be barred from returning for three years if you try to lawfully enter the United States within those three years. (INA section 212(a)(9)(B)(i)(l)).

This is my opinion not legal advice.

[PravinJ]

You are not understanding. As your L1 extension has got rejected you are accruing illegal presence from 01-Jul 2013 till today. Having a pending H1 application doesnt grant you work authorization and legal status.

In my opinion you should leave immediately and go for H1 stamping. Staying more than 180 Days illegally in US can attract a 3 Year ban.

If you were in the country illegally for more than 180 days, but less than one year, and you left the U.S. voluntarily before any removal proceedings were instituted against you, you may be barred from returning for three years if you try to lawfully enter the United States within those three years. (INA section 212(a)(9)(B)(i)(l)).

This is my opinion not legal advice.

Thanks! I got your point. Just preparing to wrap the things....