L1 in RFE and H1B under regular processing

[Prithesh 0]

Hi,

I had L1B visa that was due to expire on July 31st 2012. I was in India during the month of April 2012 and my employer filed for H1B regular

processing since they didn't want to take any chance if for some reason my L1B visa extension get's denied.

However, I went to US on 7th May 2012 (under L1B visa) for a project which was for 3 months . But my project got extended for another 3- 6

months. Hence, my employer filed for my L1B visa extension under premium processing on 18th July 2012 (i.e. when my L1B visa was about to

expire). My employer received an RFE on 27th July 2012 and the response time for the RFE given to them was till 19th Oct 2012.

The attorney informed my employer that I can stay in US till the decision of the RFE is known. If the RFE is approved then its fine and if

denied then I get 15 days to leave the country.

Also, result of the H1B visa would be known generally during 1st week of Oct 2012. If H1B visa gets approved then I can stay in US on the

basis of H1B (i.e. don't have to worry about my L1B visa extension result). Also, my I94 would be automatically extended on the basis of H1B

visa and I don't have to go back to India for stamping.

As of now, my employer has not responded for the RFE and is playing a wait game with respect to the result of my H1B visa. I think they

should reply to the L1B RFE.

What's your opinion on my case. Also, can you validate the information provided by my employer's attorney regarding my stay in US after my

L1B visa expiry i.e. 31st July 2012.

Also, what if my employer's plans to withdraw L1B visa extension case or doesn't respond to the RFE by 19th Oct 2012 then would my stay in US

considered as illegal.

Also, what If my H1B visa comes under RFE.

Thanks,

Prithesh

[Owen_London 65]

I have to admit I don't understand why there is such a delay on an RFE for an L1 with premium processing. As soon as the RFE reply is received by USCIS, the 15 days for processing should kick in again. I was in a similar situation with my initial application (premium processing and RFE) and USCIS approved the visa within a week of receiving the RFE. Is the 19th October date definitely a deadline for USCIS to reply, or could it be a deadline for your employer to reply to the USCIS RFE?

I'd say that it's dangerous to assume that the H1B will be processed in time, particularly given that your L1 has been subject to RFE.

I don't know the answer to your other questions.

[kzielu 1,147]

No response to RFE will result in denial - therefore you will be in US illegally and any overstay makes you ineligible for H-1B.