L1 extn denied, H1 in progress with RFE

[inboxofmaya]

Hello,

I would like to post my case and take some of your suggestion;

Here is my case:

Currently on L1 for current employer E1. My L1 visa and I94 expired by 23rd August.
Employer E1 had filed an extn (before the visa expiry) and it got denied on 9th Sept.

I have also filed a H1B as a COS process(2014 H1B quota) with employer E2 and is pending with RFE since July 2013. Since the L1 visa extpired by 23rd August, the RFE query was how i would legally stay in USA from 23rd August till Sept. RFE for H1 needs to be responded by end of Sept.

Given my case, Is there a way i can get my H1B approved ?

Any suggestion would be highly appreciated.


Thanks !

[raghvi]

Hello,

I would like to post my case and take some of your suggestion;

Here is my case:

Currently on L1 for current employer E1. My L1 visa and I94 expired by 23rd August.
Employer E1 had filed an extn (before the visa expiry) and it got denied on 9th Sept.

I have also filed a H1B as a COS process(2014 H1B quota) with employer E2 and is pending with RFE since July 2013. Since the L1 visa extpired by 23rd August, the RFE query was how i would legally stay in USA from 23rd August till Sept.

Given my case, Is there a way i can get my H1B approved ?

Any suggestion would be highly appreciated.


Thanks !

As L1 extension has been denied, you should now plan to leave US and go for H1 stamping. Even if H1 is approved, it would be approved as consular processing.

Advised to respond to H1 RFE with L1 rejection details and to request conversion of COS to consular process to enable you to go for H1 stamping outside US.

This is my opinion not legal advice.