My L1B visa and I94 got expired in June 2013.My company filed for a L1B extension fr whic I recieved an RFE in July.I have to reply for my RFE answers by mid september. I also filed for a L1b to H1 with a different emplyer in consular processing which is still in InitialReview. Can someone please answer my below questions.
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My H1 is still in initial review.So when USCIS will process it , they will see that I don’t have valid L1 visa or I94 currently.Does that mean I will get an RFE on my H1 also.
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I have 2 options right now. Withdraw my L1 RFE ( probablity of getting a rejection is very high , so why take a rejection ) and go back to India and come back on H4(my wife is on H1) .Other option is reply to L1B RFE and keep waiting for the result. Is there any recommended or better solution ?
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If I get an RFE on H1 , should I go to India and come back on H4 and reply to that RFE.
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Suppose if I go to India and apply for H4 , will there by any scrutuny/questoining that why do yu want to apply for H4 whne your H1 is already in play.I mean will USCIS have the information that my H1 is in play at the time of H4 interview and based on this can they deny my H4.
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If I get an RFE on H1 , is it possible to file change of status with premuim processing while replying to the RFE. But the question is how will I fle a change of status if I do’t have valid L1.So does this mean I will have to come back on H4 and then apply change of status.
I realize these are lot of questions but really appreciate if someone can answer them for me.I am very confused and is not able to make decision.
Thanks in advance.
Can someone please answer my questions…I m in urgent need of advice…
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If H1B is applied under consular processing, USCIS will not ask abt. your L1 Status
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In my opinion, do not withdraw L1. However, coming back on H4 is also another good option
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Yes, if you get an RFE on H1B and if you came back on H4; ask Employer to also request (COS) change of Status/amend again with the new H4, I-94. Even if the H1B gets approved without an RFE and you came back on H4, an Amendment/COS is required.
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H4 and H1 are 2 different Non-Immigrant Categories, it does not really matter
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Yes, come back on H4 for change of Status, if you prefer to upgrade to Premium Processing
Good Luck, NOT A LEGAL ADVISE
Thanks a ton for your reply…really helped.
Thanks a lot for your reply.Just wanted to confirm 1 more thing…As my L1- H1 Concular processing is still in initial review and I am planning to go back to India …
Does this mean that I will get an RFE on my H1.Or if it is a consular processing , it doesn’t affect even if I leave US ?
My case is still in initial review and I am planning to go back to India and come on H4 and do a H4 - H1. Also , 1 more thing to confirm :
If I get an RFE on L1-H1 CP , and I come back to US on H4 , Can I reply to my RFE along with COS/amendment from H4 to H1 at the same time . If yes , can I do this in premium processing also , so that I can save some time and start working as soon as I get approval.
Really appreciate if someone can answer my above query…thanks
Request to please answer my below questions…I am real trouble.
I came to India and withdraw my L1 . I am appearing for my H4 interview on Oct 10th.Plan was to go to USA on H4 and then do a amendment from H4 to H1 in premium processing. Now suddenly my consultant has changed the entire scenario and is saying that we will have to wait for 2 months on H4 before filing an amendment.Is that true ? I had planned everything without considering this .
He is also saying that if I get an RFE on H1 , then we can reply to that RFE along with amendment immediately…Is not this weird that if we get an RFE then we can go for H4 to H1 immediately and if H1 gets approved , then we will have to wait for 2 months on H4 before filing an amendment. Please suggest me what to do…Really appreciate your help on this.