L1b to H1 with COS premium processing - received RFE on recapture time

[nileshshah]

Hi Friends,

I am on L1 b visa and my new employer filled for H1b with COS under premium processing. They received an RFE regarding recapture time. The recapture time was asked for the dates when I was out side of USA on regular trips to India (total 85 days approx.). They have provided copies of entry/exit stamps from passport for proof, which is generally not clearly readable. USCIS is asking for more proof that I was outside the country for that period of time. We are going to send the reply soon. So my questions are,

1. What all I can provide to prove that I was outside USA and hence asking for recapture time?
2. I am going to complete 5 yrs on my L1 soon (within a month), so after replying to RFE will it take 15 days max. because of premium processing or that is not the case?
3. The COS date we chose will not feasible now because of the RFE so can I continue with my current employer after the COS date if I don't get any result back regarding the petition?
4. Is there anything else I need to take care now when submitting the response to RFE to make sure its approved ASAP?

Thanks in Advance. I will really appreciate a quick response as all the clocks are ticking for me.

[shervin143]

1. What all I can provide to prove that I was outside USA and hence asking for recapture time?
>>> Entry exit records in the passport. I-94 copies. Air tickets (eTickets) and boarding passes.

2. I am going to complete 5 yrs on my L1 soon (within a month), so after replying to RFE will it take 15 days max. because of premium processing or that is not the case?
>>> It will take another 15 days from the date of receiving an RFE provided there are no further RFEs.

3. The COS date we chose will not feasible now because of the RFE so can I continue with my current employer after the COS date if I don't get any result back regarding the petition?
>>> Until the H1B is approved, you will be in L1 status. So you have to continue with the L1 employer (Not beyond the 5 year limit on L1B).

4. Is there anything else I need to take care now when submitting the response to RFE to make sure its approved ASAP?
>>> Just submit the documents requested in the RFE.

[nileshshah]

Hi Sherwin143,

Thanks very much for your reply.
Only one more question about what you suggested is,

1. What all I can provide to prove that I was outside USA and hence asking for recapture time?
>>> Entry exit records in the passport. I-94 copies. Air tickets (eTickets) and boarding passes.

I had already provided entry exit records in the passport but the copies might not be properly readable, so we will get better and color copies this time and will provide it to them. But the problem is I do not have boarding passes and previous I-94 copies for the previous travel. I might find my e-tickets for some of the trips if not all. In that case what should I do?

Is it possible to not to request re-capture time now, to avoid any risk with quick approval? Also if I don't have all the information what you said, is it advisable to submit what I have or that can have negative impact?

[txh1b]

Your travel agent or airline may be able to give your travel manifesto. Contact them.

[nileshshah]

Update - Got approval

Just to update,

After the RFE, we responded within 3-4 days and then after 13 days I got approval.

Thanks all of you for your help.

[utharakan]

Hello Nilesh, Since you quoted that you had exhausted 5 years on L1 - How much time did you get on your H1 ?

[shervin143]

6 years - time spend in L1. H1B + L1 in total is for 6 years.

Hello Nilesh, Since you quoted that you had exhausted 5 years on L1 - How much time did you get on your H1 ?