L1 to H1 Status change RFE on premium processing.

USA H1B Visa
1 
Hi.. I have a similar case. I am on L1 status. My H1 is already approved by another employer. I got a Client and my new Employer applied for L1 to H1 status change on premium. I got a RFE on day 14th. The issue is the Client wants me to join and if I join the new client and if my RFE turns into denail (touchwood, I  hope not) what are my options. Will my H1 visa be stilll valid ? Its already approved till sept, 2015. Is it illiegal to work for new client when my status is already under file. and is it ok to resign from my L1 employer?

 

These questions are really buffing me day and night, any insight into it will be helpful
2

The approved H-1 was w/ COS or w/o COS? If it was w/ COS, then you are already on H-1 status and can start working for the client through the H-1 employer. If it was w/o COS, then you need to wait for COS to get approved before joining the client through the H-1 employer.

3

Currently i am on L1 status and approved H1 is w/o COS. So my consultancy filed for COS from L1 to H1 in premium and I got a RFE. the new client has een waiting for long and asking me to join urgently. So is it safe to join the new client or should i still wait for this to complete. My consultancy says its ok to join.

4

It’s not ok to join until your COS gets approved. You are considered on L-1 status until COS is approved and you cannot work for the client until then.

When are they planning to reply to the RFE? You can also evaluate going for H-1 visa stamping in your home country as it may be faster than RFE processing in some cases (especially if the employer will take time to respond to the RFE).

5

Well it was applied in PP so I believe it should be fast. I am still waiting for why RFE was issues. If its small company related query then I hope it would get resolved soon. But the issue is if I wait too long then the client offer might not be there. and then once I am on H1 status then I would not e able to continue with my L1 employer. It would be a lose/lose situation. Can i take leave and join the new Client in the mean time

6

Btw my L1 visa is valid till april 2013 and my H1 visa is approved till sept 2015. Right now I 94 stamp is till oct 2015

7

You cannot join the client until COS is approved as your current status is L-1.

8

Thanks Saurabh. I guess my best option would be to stay with my L1 employer.

Appreciate your responses.