H1B Change of Status from L1 while back in India

[Ashiq Shaik]

Here are my Case Details, can some one give me a best advise?

Case details:
•Got L1 B in Nov 2010 from company A (current company) till Aug 2013
•Travelled to US in Sep 2011
•L1 extension applied in Aug 2013, got RFE and cleared in Dec 2013, got extension until Aug 2015
•In April 2015 another company B filed H1B, got selected in lottery
•Travelled back to India on July 26, 2015 (exit date) as L1B expires in Aug 2015
•Got RFE for applied H1B on July 27, 2015. RFE replied on oct 22, 2015 - As on today waiting for RFE to clear

Questions:

• What are the chances of RFE approval?

•If RFE is cleared :-

◾ What will be the petition end date? How long will I get the new visa? Is it one year from petition date (Oct 2015)?
Or one year from approval date? Or rest of the unused H1 period?

◾What is the right time to appear for interview in consulate? Shall I wait for 1 year after exit date? then, will I get
visa for full 3 years term?

◾What is the right time to travel back to US? Shall I wait for 1 year after exit?

◾ My current company willing to apply for L1B again after July, 2016 (1yr cool off) -- is it wise to travel
on L1B with H1B approved petition from company B, then change the job?

◾how long is the H1B petition valid? can I use it after 1-2 yrs?

[shervin143]

• What are the chances of RFE approval?
>>> Predictions cannot be made. That totally depends on the documents that your employer provided while responding to the RFE.

•If RFE is cleared :-

◾ What will be the petition end date?
>>> Again. How are you asking some forum member to predict this. Petition validity is based on a lot of factors. You need to wait for the approval to see until when USCIS approved it. At the max, it can be approved for 3 years provided you haven't used all 6 years in U.S in L1 + h1B status previously.

How long will I get the new visa?
>>> Visa will be issued until the petition expiry date as long as your passport doesn't expire within 365 days.

Is it one year from petition date (Oct 2015)?
Or one year from approval date? Or rest of the unused H1 period?
>>> Read above.

◾What is the right time to appear for interview in consulate? Shall I wait for 1 year after exit date? then, will I get
visa for full 3 years term?
>>> It doesn't work that. You can apply for visa any time. For the clock to rest, you need to stay out of U.S for 1 year and then file a fresh H1B under a brand new CAP with USCIS. It doesn't apply to you.

◾What is the right time to travel back to US? Shall I wait for 1 year after exit?
>>> Again, 1 year has nothing to do here. You can travel anytime after you get the visa approved. staying 1 year outside won't reset your H1B clock.

◾ My current company willing to apply for L1B again after July, 2016 (1yr cool off) -- is it wise to travel
on L1B with H1B approved petition from company B, then change the job?
>>> You can do that. Total time you can spend in U.S in H1B + L1 combined is only 6 years.

◾how long is the H1B petition valid? can I use it after 1-2 yrs?
>>> CAP will be valid for 6 years to file a transfer or COS.