L1 to H1 COS and L1 Extension RFE

[key]

Hi,

I currently have an RFE on l1 extension, and also have COS from L1 to H1 approved. The RFE is due for response in mid August. Since the H1 status becomes active only from 1st Oct, what would be the best option to choose?

1. Respond to the RFE, wait for the decision, and incase no decision is received until 1st Oct, withdraw the l1 extension petition as H1 would become active
2. Respond to the RFE, travel out of US before getting a decision and withdraw the petition. Return back with H1 stamping.
In this case, if the extension petition is withdrawn, will stay beyond I-94 expiry be treated as out of status? Will this impact H1 Visa stamping?

In the event the decision on l1 extension comes before 1st Oct , and may not be favorable, the only option left would be travel out and go for H1 stamping. So need advise on whether it may be advisable to avoid a decision on the extension by traveling out based on the current l1 rejection rates.

Thanks.

[raghvi]

Hi,

I currently have an RFE on l1 extension, and also have COS from L1 to H1 approved. The RFE is due for response in mid August. Since the H1 status becomes active only from 1st Oct, what would be the best option to choose?

1. Respond to the RFE, wait for the decision, and incase no decision is received until 1st Oct, withdraw the l1 extension petition as H1 would become active
2. Respond to the RFE, travel out of US before getting a decision and withdraw the petition. Return back with H1 stamping.
In this case, if the extension petition is withdrawn, will stay beyond I-94 expiry be treated as out of status? Will this impact H1 Visa stamping?

In the event the decision on l1 extension comes before 1st Oct , and may not be favorable, the only option left would be travel out and go for H1 stamping. So need advise on whether it may be advisable to avoid a decision on the extension by traveling out based on the current l1 rejection rates.

Thanks.

When is your current L1 expiring? Also, till when is your current L1 associated I-94 valid?

[key]

L1 expired in May and I-94 expires July 31st

[raghvi]

L1 expired in May and I-94 expires July 31st

You should have applied for premium L1 extension processing in April/Amy itself. Since your I-94 is expiring in next few days even if you convert your L1B extension to premium you are unlikely to get a result before your I-94 expiry, nonetheless, if you dont wish to travel outside US before 31st July and return after 01-Oct-2012 (with h1 stamping), it is advisable to respond to RFE immediately rather than waiting till Mid August and also to convert your extension to premium processing and await the extension decision. The decision if accepted will come in with a valid I-94 and you will be in status and legal till H1 becomes active from 01-Oct-2012.

If rejected, it will come with a time line when you have to leave US. In this case, all time spent by you from 31st July till extension decision would be considered illegal as you dont have a valid I-94 from 31st-Jul till 01-Oct-2012. An illegal stay can affect your future stampings, GC processing etc.Again, to limit this damage its advisable to convert to Premium L1 extension.

If you decide to ignore and wait till mid Aug to file RFE and await their decision without converting to premium, and if you get extension approval after 01-oct-2012 then you might end up on L1 again due to last action rule and all sort of status confusions. If L1 extension denied again you will be considered out of status and illegal from 31-Jul-2012 till the decision date (which will be farther off as its in normal processing) and potential problems in future.

All in all, its advisable to keep illegal and out of status period to nil, if possible, or to the minimum as they will look at case history whenever you go for stamping, of your H1, or dependent H4 or H1/H4 extension or GC processing in future

This is my opinion not legal advice.