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I140 pending, RFE on H1

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  • I140 pending, RFE on H1

    I am in US on H1 since 5 yrs 3months. I have filed for H1 extension. There has been RFE, I fear my visa will be rejected as
    my company has not responded on time.

    Company had filed for my Green Card 1.5 yrs back. My Labour is approved. I have filed my I140 in sept and still waiting for approval.
    My company is suggesting me to go to India and file L1

    I had following questions.

    a. If my L1 is filed, for how many yrs I will get my L1 for? 9 months or 5 yrs?
    b. If I come on L1 will my Labor and I140 still be valid?
    c. Can I file my H1 based on my Labor approval?

  • #2
    a. 0 years. You have to wait for 1 year before you reset the clock to get a new term of 5 years.
    b. Yes unless the company withdraws it.
    c. Not sure what this question means. H1b can be extended in 1 yr increments based on approved labor if I140 was filed on time.

    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
      Thanks for reply, can I get L1 extension based on I140 approval? Please advise.

      Comment


      • #4
        No

        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

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