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H1 Case from 2013 - Still under Response Review status .. L1 expiring soon
Hi,
My L1 Visa expires on March 31, 2014. My employer filed for my H1 last year in 2013. I got an RFE and responded back promptly to USCIS. The response was received by USCIS on Nov 21, 2013.
It's been over 90 days any my case still shows "RFE Response Review". The big joke is, my wife's H4 got approved in Jan 16, 2013.
I do not have a clue on what's going on. My employer filed for an e-request on status update last month. So given this situation, here are my questions:
1. If I file for premiere processing for my H1 - Can I pay for premiere processing or is it mandatory that the employer needs to pay for it?
2. If I do not get a response on my H1 by March 31, 2014 (My L1 expires on this day) - Do I need to leave USA? Can I continue working if my L1 has expired but my H1 is still under review? My I-94 also expires on March 31, 2014.
3. Say I file for an L1 extension before March 31 - can I then continue working since I am awaiting L1 extn approval? In this scenario, if I get my H1 approved in the meanwhile, followed by my L1 getting approved - Does this mean my H1 petition is null since my L1 extension was the more recent approval?
4. My H1 is a Change of status. So if it gets approved - Does this mean my I-94 will also get extended when I get my petition approved? So can I continue working and travel to India (at my desire) at a later date (to get the Visa stamped on my passport)?
My L1 Visa expires on March 31, 2014. My employer filed for my H1 last year in 2013. I got an RFE and responded back promptly to USCIS. The response was received by USCIS on Nov 21, 2013.
It's been over 90 days any my case still shows "RFE Response Review". The big joke is, my wife's H4 got approved in Jan 16, 2013.
I do not have a clue on what's going on. My employer filed for an e-request on status update last month. So given this situation, here are my questions:
1. If I file for premiere processing for my H1 - Can I pay for premiere processing or is it mandatory that the employer needs to pay for it?
2. If I do not get a response on my H1 by March 31, 2014 (My L1 expires on this day) - Do I need to leave USA? Can I continue working if my L1 has expired but my H1 is still under review? My I-94 also expires on March 31, 2014.
3. Say I file for an L1 extension before March 31 - can I then continue working since I am awaiting L1 extn approval? In this scenario, if I get my H1 approved in the meanwhile, followed by my L1 getting approved - Does this mean my H1 petition is null since my L1 extension was the more recent approval?
4. My H1 is a Change of status. So if it gets approved - Does this mean my I-94 will also get extended when I get my petition approved? So can I continue working and travel to India (at my desire) at a later date (to get the Visa stamped on my passport)?
