H1B Approval and L1B extension

[abs999]

Hi Friends,
Currently i am in US on L1B and it is expiring on Sep 2013. My employer has already filed H1B for this year which got selected in lottery but ultimately got RFE last week. So they will be responding to my RFE....and also i need something for in between as my L1B is expiring before Oct 1st (which i suppose is the effective date of H1B).

Is there a chance that my H1B gets approved after Oct 1st or USCIS will make sure it gets approved after reviewing RFE by Oct1st? If i get my L1 extension filed or new L1 stamping, will my current H1 processing be revoked? I mean will my H1B hold good still from Oct 1st....and say i go back to India in coming months....can i get my H1 stamped? And what will happen to my L1 then (which say i got extended/stamped in Sep)?
I have some family constraint for which i can't travel to India in next 2 months.

Please suggest on my murky case here....would truly appreciate

Thanks

[abs999]

Hello Friends, Any inputs for my case please...

[raghvi]

Hello Friends, Any inputs for my case please...

It depends on what the RFE is all about. The only way to avoid the need to go out of US for next few months is to either get a L1 extension approval or to delay the L1 ext decision so that even if extension denial comes it comes at a time when you are willing to travel.
As there is a gap between your L1 I-94 expiry and H1 start date unless you first get an L1 extension approval your COS to h1 will either be not approved or will be invalid.

This is my opinion not legal advice.

[abs999]

It depends on what the RFE is all about. The only way to avoid the need to go out of US for next few months is to either get a L1 extension approval or to delay the L1 ext decision so that even if extension denial comes it comes at a time when you are willing to travel.
As there is a gap between your L1 I-94 expiry and H1 start date unless you first get an L1 extension approval your COS to h1 will either be not approved or will be invalid.

This is my opinion not legal advice.

Thanks Raghvi for your inputs.
I have another question somewhat related to it....My US Driving license (NJ State) is also expiring with my I-94 in Sep. If i delay L1 extn and file it, will the I-797 NOA enable me to extend my license? Or is there any other way....

Appreciate your response....

[kabkaba]

Some states extend based on receipt, check with your state's DMV.