A quick question!! Is it possible that a H1-B petition can be filed under L to H category if the person doesn’t possess any sort of L1 Visa or other Visa right from the start?
If you’ve understood the above question…I hope you might be able to answer and if not; here is a brief explanation.
My company has nominated me for a fresh H1-B Visa. For that I’ve submitted docs including client letter and all. After that, my LCA posting also completed and I got the notification from my company that my petition was sent to USCIS for filing. Later after 2 days; I got a mail from my company folks that my petition was successfully filed under L to H category and they have provided the WAC ID as well. (wacxxxxxxxxxxxx).
When I’ve checked back with my company folks, they told me that its a mistake that we’ve sent under L to H category, we are now checking the I-129 form and confirming that yours is a fresh H1-B application. HOW FAR CAN I BELIEVE THEM? When there is no Visa for me till now in my life; how can they file it under L to H? Moreover, my WAC ID says that my current status is: INITIAL REVIEW and my petition has reached them 2 weeks back. What is this confusion all about and if the petition would have filed under fresh H1-B category…When does my application reach DECISION stage?
Chandu,
There is nothing like L to H category. All new H-1s are subject to cap even those where the beneficiary had had L-1 visa in the past. If the applicant is in US, then USCIS will ask for I-94 and payslips (if applicable), else they would process the application w/o it.
I dont think it will be a big issue. If USCIS sees some confusion w/ the application form i.e. it has been filed w/ COS (applicable when the applicant is in US on L-1 and files for H-1) and no I-94 has been submitted, they would issue the RFE. At that point, your attorney can provide the clarification about the mistake.
Chandu,
There is nothing like L to H category. All new H-1s are subject to cap even those where the beneficiary had had L-1 visa in the past. If the applicant is in US, then USCIS will ask for I-94 and payslips (if applicable), else they would process the application w/o it.
I dont think it will be a big issue. If USCIS sees some confusion w/ the application form i.e. it has been filed w/ COS (applicable when the applicant is in US on L-1 and files for H-1) and no I-94 has been submitted, they would issue the RFE. At that point, your attorney can provide the clarification about the mistake.
Does that make sense?
Chandu:
That definitely make sense, Saurabh!! So, grateful for your answer. But, if they come back for RFE asking I-94 (which I doesn’t have); Does the process be delayed more and more?
It would be great if you can answer my last question:
When does my application may reach RFE or DECISION stage after the initial review?
Thanks in advance,
Chandu
Saurabh:
Chandu,
That might delay the processing, but will not result in denial. Processing can take 2-6 months to reach RFE/Approval w/o RFE stage.
You should check w/ employer about whether it was filed w/ consular processing or w/ COS
It varies depending upon the work load at the processing center. At the moment, there are thousands of petitions pending w/ USCIS. So it can take on the higher side.
COS is filed when the applicant is already in US on a visa status other than H-1 and want to file H-1 and start working on H-1 from COS approval date. Consular processing is when the applicant is outside of US at the time of H-1 filing.