L1b RFE, H1 in process, planning to do H4 to H1, need response ASAP


#1

I am currently on L1B visa and my visa/I94 got expired on 3rd June. My company filed an extension for me in month of May and I got an RFE in mid July. I have to respond to my RFE questions till 27th Sep ( date given by USCIS ) but I am planning to withdraw my application and go back to India on 14th Sep.

So I have few questions :

 

1)      Will I be out of status from 3rd June till 14th Sep in USCIS and will this create problems for me in future. My attorney told me that you will not be out of status till 27th Sep.If I leave the country before that and withdraw my application , I will be good.

2)      I am planning to come back to US on dependent visa (H4) as my wife is here on H1. Is there any desirable time I should appear for the H4 interview.I mean should I wait for L1B visa status to be changed to withdrawn before I appear for H4 interview.

3)      I was planning to go for H4 visa stamping 1 week after I reach India which will be around 20th sep. So will this be problem for me as they will still be seeing my L1 status as RFE because I heard that it takes around 1 month for the status to get change to withdrawn in USCIS system. So can I be bombarded with questions in my H4 stamping and possibly result in a denial.

4)      I can wait for 1 month in India before I go for H4 stamping. Is this preferred approach or it doesn’t matter.

#2

Can anyone please answer my above questions…really appreciate your quick help on this…thanks in advance


#3

Request someone to please answer my below questions…I have been waiting for these to get answered…really appreciate someone’s help on this …

company filed an extension for me in month of May and I got an RFE in mid July. I have to respond to my RFE questions till 27th Sep ( date given by USCIS ) but I am planning to withdraw my application and go back to India on 14th Sep.
So I have few questions :

  1.  Will I be out of status from 3rd June till 14th Sep in USCIS and will this create problems for me in future. My attorney told me that you will not be out of status till 27th Sep.If I leave the country before that and withdraw my application , I will be good.
    
  2.  I am planning to come back to US on dependent visa (H4) as my wife is here on H1. Is there any desirable time I should appear for the H4 interview.I mean should I wait for L1B visa status to be changed to withdrawn before I appear for H4 interview.
    
  3.  I was planning to go for H4 visa stamping 1 week after I reach India which will be around 20th sep. So will this be problem for me as they will still be seeing my L1 status as RFE because I heard that it takes around 1 month for the status to get change to withdrawn in USCIS system. So can I be bombarded with questions in my H4 stamping and possibly result in a denial.
    
  4.  I can wait for 1 month in India before I go for H4 stamping. Is this preferred approach or it doesn’t matter.