I-129 - Help Needed

[grajsaxena]

Hi,

I am currently in US on L2 Visa.

Scenario 1: I applied for EAD I-765 in April'12, yesterday got RFE

Scenario 2: My spouse's employer has filed H1B for him and H4 for me with COS in June'12, still under Initial Review

Question 1:
The same employer is ready to file L1B for me since I worked with the same org. for 4 yrs before coming to US
To process the L1B, should I go back to India next month and then file L1B from there. if I go back to India my H4 with COS will be cancelled automatically? (Is this correct?)

Question 2:
Can the employer file L1B with COS? If yes, would it not conflict the H4 with COS? The employer need to hire me by October end and hence L1B needs to be filed ASAP

Please let me know if you have any other options

[shervin143]

The same employer is ready to file L1B for me since I worked with the same org. for 4 yrs before coming to US
To process the L1B, should I go back to India next month and then file L1B from there.
>>> Not required. The employer can file a COS to L1.

if I go back to India my H4 with COS will be cancelled automatically? (Is this correct?)
>>> Technically, yes.

Question 2:
Can the employer file L1B with COS?
>>> Yes.

If yes, would it not conflict the H4 with COS?
>>> Yes. Search and read about the last action rule.

[grajsaxena]

Thanks, where do I Search and read about the last action rule?

Please let me know.

[shervin143]

Google for it for search in immihelp.

Thanks, where do I Search and read about the last action rule?

Please let me know.