L1B Visa to H1B Visa Premium Processing


[b]Back Ground:[/b]

I have been working with company A on L1B visa since Jan-2011. My L1B was expired in Dec-12 and company A applied for I-94 extension, unfortunately received RFE from USCIS. Now company A is preferring to withdraw the extention and attend the VISA stamping from India.

I got a offer from company B and they would like to sponser for H1B permium and GC as well.


1. Is that a good idea to attend the stamping from India or just reply for RFE ?

2. If I reply to RFE after two months that is in Apr-2013, can I request company B to proceed with H1B Premium processing ?

3. If company B apply for H1B premium with COS how many days it takes to get approved ?

4. After H1B approval when can I start work with company B?


  1. Both have equal chances. The concerns raised during RFE can be raised during stamping as well. So none is easier than the other.

  2. Doesn’t help your case unless L-1 extension gets approved. RFE comes w/ a deadline and it needs to be responded by that date.

  3. It can take 2-6 months under regular processing, and 15 calendar days under premium processing (not including RFE time). The start date cannot be prior to Oct 1 even if it gets approved in April.

  4. You can work only from COS approval date which cannot be before Oct 1. Also, you can stay in US until that date only if your L-1 extension gets approved or is still pending. If L-1 extnesion gets denied, then you need to leave US.