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L1B extn RFE, H1B Approved, H1B from Ottawa,Canada

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  • L1B extn RFE, H1B Approved, H1B from Ottawa,Canada

    Dear members,
    Following is my case. I am currently in US on L1B.
    1. L1B Visa and I-94 are expired. L1B extn is filed before Visa & I-94 expiry. L1B extension in under RFE. Last date to reply to RFE is 30-Nov-12.
    2. H1B petition is approved.
    Looking at the above scenarion following are the options that I am looking at:

    Visit Canada before 30-Nov-12. Get the H1B stamped (and H4 for wife). Come back to US. No need to reply to L1B RFE. Will that make my status (from I-94 expiry to current) as out-of-status/illegal? Is this sufficient time to get Canadian visa to go there and get it back.
    My education is completely from India. Is there any risk in getting the L1 to H1B visa from Ottawa, Canada.

    Can you urgently suggest if above is the viable solution (or any other suggestion). I dont want to travel back to India (Cost of-course).

  • #2
    Originally posted by mvin View Post
    Dear members,
    Following is my case. I am currently in US on L1B.
    1. L1B Visa and I-94 are expired. L1B extn is filed before Visa & I-94 expiry. L1B extension in under RFE. Last date to reply to RFE is 30-Nov-12.
    2. H1B petition is approved.
    Looking at the above scenarion following are the options that I am looking at:

    Visit Canada before 30-Nov-12. Get the H1B stamped (and H4 for wife). Come back to US. No need to reply to L1B RFE. Will that make my status (from I-94 expiry to current) as out-of-status/illegal? Is this sufficient time to get Canadian visa to go there and get it back.
    My education is completely from India. Is there any risk in getting the L1 to H1B visa from Ottawa, Canada.

    Can you urgently suggest if above is the viable solution (or any other suggestion). I dont want to travel back to India (Cost of-course).
    When did your L1 I-94 expire? Was h1 approved as COS or as Consular Process?

    If you dont get an approved L1 extension you are technically out of status from your L1 I-94 expiry till rejection date/date of leaving US. Why not upgrade to premium and get response quickly?

    Also since this is your first H1 and you dont have Masters from US you should get H1 stamping done only in home country.

    Its better to go to Home country and get H1 stamped, if you get stuck in Canada with neither H1 or L1 it will be much more difficult as you will have to go from Canada to Home country in that case.

    This is my opinion not legal advice.

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