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Urgent - Please Help !! L1B RFE - H1B

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  • Urgent - Please Help !! L1B RFE - H1B

    Hi,

    Please help me, need suggestion badly !!!

    I have an L1 B Visa which is getting expired on Aug 05 2008. I have applied for an extension, and the status is still pending. I got my H1-B visa with consular processing in this year's lottery. I am planning to move to H1-B by Oct 2008.

    Most of my company's associate who has applied for L1-B extension, is getting RFE's. In that case, my company is not ready to respond to the RFE and asking the associate's to return back to India.

    Now my question is :

    1) If I get an RFE and dont respond to the RFE and go back to india by Aug 05 2008. Will there be any problem when I go for H1-B stamping?

    2) Can I call the USCIS now itself (when my status is still pending) and tell them that I am going back to India for personal reasons, and cancel the current extension process? In this case, will my H1-B stamping be safe? Does anyone know the process of cancelling the current extension? Do i have to cancel it before Aug 5th [ my current I94 expiry date ] or can i do it even after that ?

    3) If in case I stay back in US until I get a RFE by sayAug 15 2008 ( my I-94 expires on Aug 05 2008) and ifI dont respond and go back to india. Will I be OUT OF STATUS from Aug 05 2008 to Aug 15 2008? And will there be any problem with my H1-B stamping?

    Please respond.

  • #2
    1. No
    2. Your employer has to do it, not you. If you stay past Aug 5th, you will accumulate illegal presence. Better leave before your I-94 expires for your future benefit.
    3. yes. yes.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      txn1hb please help me .....

      Hi Guyz,

      I would request your help to know how will I go about my h1b stamping. I came to US in L1B blanket on Aug 2005.The visa and I-94 was valid till July 18 2008 and (already expired) I had already applied for extension .Then RFE has come and given a date till Oct 20 to reply.My employer says to better go to India get a fresh L1B and come back because of rejection history.

      In the mean time I have H1B selected through another employer. Now Which option is the best for me?Go to India get H1B stamped?Or goto Canada,Mexico or Bahama and get it stamped?Even If I go these countries will I get visa and If deported what will happen. I am right now confused.Please guide me based on your experience.

      My only document is the reciept notice for the L1B extension by which I am legally staying here.

      Comment


      • #4
        Your choice. You can do either and there is always the risk that one has to assume with any third country stamping.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Rentry issue

          Please advise Gurus
          I have a very different situation.
          I have H4 stamped Visa till August 2009 and I have unused Advance Parole valid till October 10, 2008.
          I have EAD as well.
          I- 485 Pending more than 180 days.
          Approved I-140.
          Rest of the world category.
          I-485 Receipt Date September 29,2007.
          If I travel abroad , do I have to apply for new Advance Parole because I will leave in first week of October for six months or more.
          Q 1: Can I come back to US in August before the H4 expires on valid visa but expired Advance Parole?
          Q2: If principal applicant applies for third extension of H1 while I am (H4)out of country, is there going to be a problem for dependent H4 third extension ?
          Q3: If H4 gets extended, is US consulate abroad going to stamp new extension on H4 candidate who has EAD and expired Advance Parole?

          Comment


          • #6
            Urgent - Please Help !! RFE on both L1B and H1B

            I have a very tricky situation.
            1.I have RFE on L1B extension,more than 205 days application is filed and 58 days I have responded RFE.Decision is not yet come.
            2.My L1B status (I-94)was expired in 1st July 2011,cutting very close to 240 days.
            3.I have filed H1B through a different company and that too endup in RFE asking current valid status i.e status on L1B extension.
            4.Last day to respond H1B RFE is Feb 12,2012.

            Now I need you gurus advise..
            I can still stay another 20/25 days in US and wait for L1B extension decision and it does not come before 10 Feb then my H1B application will become invalid because I have not responded USCIS on H1B RFE.
            If I am unlucky enough and receive denial of my L1B extension after Feb 12 then I am left with no hope.
            I mean USCIS has rejected my L1B extension and I have not replied my H1B RFE by said date.

            Pls advise what should I do in my case.I hope you all agree it is urgent and I deserve quick response from you people.Thanks.

            Comment


            • #7
              Urgent - Please Help !! L1B RFE - H1B

              Why 205 days? You should have converted to premium long back .You need to convert L1B extension request to premium immediately and get a decision within next 15 Days.

              Comment

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