L1A RFE and H1-B Approved , Can I continue on my L1b I-94 with COmpany A


Thanks a lot till date for providing prompt clarification to all the doubts:


I am currently on L1-B from Company A. Stamped L1-B go expired in Dec-2012. Currently I am staying in US based on I-94. I-94 is valid till Aug-2014.

Earlier Company A was not doing much about filling for visa renewal. So I approached Company B and they filed 1-B. I got the H1-B petition approved. This petition is effect from 1st October 2013.

Meantime Company A had also started doing L1-A. Last week Company A got the RFE for the L1A.

Need few clarifications:

	I am on a project currently from Company A.I am searching for a project based on the H1-B. Till I find the project can I continue working with Company A?

	Should I pursue with company A to respond to L1-A RFE? What will happen to current approved H1-B when I get the L1-A petition approved?

	I am yet to get H4 for my dependents.  Should I go for filling their H4 or wait till I find a new project based on H1B? How much time normally it takes to get the H4 Visa?

Looking forward to get the response.


In my view

  1. If your H1 Petition is approved with COS, you should join new employer from effective date. your old I-94’s are no longer valid from H1 effective date.

  2. If 1 is yes, you can ask old employer to withdraw L1 A petition

  3. If 1 is yes, your dependents status should be changed to your H1 B corresponding status viz. H4. Also, if ur h1 is approved with COS, you need to file H4 petitions at the earliest before Oct 1st otherwise they would be in no status.

Please check with your comapny attorney.


I have the same case…Please suggest me
I am o n L1B and my visa got epired but i am staying in I94 then i applied My H1 b got picked and approved .But in the mean time my current company filed L1A …Should i wait till i see the result of L1 A or do i need to move to H1b?