L1A visa extension,H1B COS, AOS

[vamsigk]

I am currently on L1A through company 'A'. The visa is valid till December 2013. Company 'B' has filed for an H1B COS and the status is in RFE.
Company 'A' intends to file for L1A extension and is also considering applying for an adjustment of status in EB1C, though the chances does not seem to be very high.

I am considering to keep both options of COS and L1A extension and AOS going.

Questions:
1) What are the implications of abandoning H1B COS application now, by not responding to RFE.
2) If RFE is responded, and Company 'A' also files for an extension
a) if H1B is approved late October or November, my status will be changed to H1B from L1 with applicable start date. What will happen to L1A extension application. Does that automatically get void? If not, can I continue the L1A extension and once L1A extension is approved, abandon/cancel H1B? Does this have any implications on AOS.
b) if L1A extension is done in premium processing and is approved before decision is made on H1B, how to abandon H1B COS or cancel the petition so the last action rule does not apply?

The situation is dicey and I am just trying to weigh options. Any information/ responses to the queries will be much appreciated.

Thanks.

[raghvi]

I am currently on L1A through company 'A'. The visa is valid till December 2013. Company 'B' has filed for an H1B COS and the status is in RFE.
Company 'A' intends to file for L1A extension and is also considering applying for an adjustment of status in EB1C, though the chances does not seem to be very high.

I am considering to keep both options of COS and L1A extension and AOS going.

Questions:
1) What are the implications of abandoning H1B COS application now, by not responding to RFE.
2) If RFE is responded, and Company 'A' also files for an extension
a) if H1B is approved late October or November, my status will be changed to H1B from L1 with applicable start date. What will happen to L1A extension application. Does that automatically get void? If not, can I continue the L1A extension and once L1A extension is approved, abandon/cancel H1B? Does this have any implications on AOS.
b) if L1A extension is done in premium processing and is approved before decision is made on H1B, how to abandon H1B COS or cancel the petition so the last action rule does not apply?

The situation is dicey and I am just trying to weigh options. Any information/ responses to the queries will be much appreciated.

Thanks.

Till when is L1A I-94 valid?


1. It depends on the RFE. If it results in petition being denied all together then you cant use the H1 in future.
2. If COS to H1 is approved before L1A I-94 expiry, you should compulsorily start working for H1 employer from H1 start date. If COS to H1 is approved after L1A I-94 expiry, then it wont be valid without first getting L1A extension approval.


This is my opinion not legal advice.

[vamsigk]

Till when is L1A I-94 valid?


1. It depends on the RFE. If it results in petition being denied all together then you cant use the H1 in future.
2. If COS to H1 is approved before L1A I-94 expiry, you should compulsorily start working for H1 employer from H1 start date. If COS to H1 is approved after L1A I-94 expiry, then it wont be valid without first getting L1A extension approval.


This is my opinion not legal advice.

Thanks for your response raghvi. To answer your question, current I94 expires Dec' 15, 2013.
I got an update from USCIS that I129 petition is approved and a mail with notice of action is sent.

1) I guess it might take a week or two to receive the I797. Is there a way to know if COS is approved as well? or just I129 is approved? ahead of receiving I797.
2) What if COS or Extension of I94 is not approved for some reason ? Am I good till my current I94 expires in December, and can I continue on L1 status till then?

Appreciate your inputs.

Thanks.