L1B visa under RFE and H1B visa under regular processing


I had L1B visa that was due to expire on July 31st 2012. I was in india during the month of April 2012 and my employer filed for H1B regular processing thinking that now days L1B visa extension is very hard to get approved.

However, I went to US on 7th May 2012 (under L1B visa) for a project which was for 3 months . But my project got extended for another 3- 6 months. Hence, my employer filed for my L1B visa extension under premium processing at 18th July 2012 (i.e. when my L1B visa was about to expire). My employer received an RFE on 27th July 2012 and the response time for the RFE given to them was till 19th Oct 2012.

The attorney informed my employer that I can stay in US till the decision of the RFE is known. If the RFE is approved then its fine and if denied then I get 15 days to leave the country.

Also, result of the H1B visa would be known generally during 1st week of Oct 2012. If H1B visa gets approved then I can stay in US on the basis of H1B (i.e. don’t have to worry about my L1B visa extension). Also, my I94 would be automatically extended on the basis of H1B visa and I don’t have to go back to india for stamping.

As of now, my employer has not responded for the RFE and is playing a wait game with respect to the result of my H1B visa. I think they should reply to the L1B RFE.

What’s your opinion on my case. Also, can you validate the information provided by my employer’s attorney regarding my stay in US after my L1B visa expiry i.e. 31st July 2012.

Also, what if my employer’s plans to withdraw L1B visa extension case or doesnot respond to the RFE by 19th Oct 2012 then would my stay in US considered as illegal.

Also, what If my H1B visa comes under RFE.



I am in exactly same boat as you… did you got any updates? my H-1B is under RFE…

My H1B is under RFE…