L1 Extension due with RFE

[mrcoolbuddy]

Hello All,

My L1 B blanket visa expired on 29th Sep 2012 and also I-94. My company applied for extension in last week of Sep 2012 for which I have got RFE on Nov 1 2012. My RFE due date is 25th Jan 2013 and company will respond to RFE before due date next week.

I know our company have applied late and always trying to do in last minute to buy more time which will impact our future visa. And lately most of the extensions which were filed around same time as mine were denied, I can say almost all denied so far.

In this situation, I am thinking to upgrade my case to Premium while responding to RFE next week. Do you think if I do not upgrade my case to Premium the impact will be more on future visas. Premium is subjective to approval of my manager / HR and also I am thinking to pay the premium fee myself in case they don't agree. Please advise.

And also I have an expired H1B petition(applied in 2007) and I can go for cap exemption till this Sep. So what is the best time to apply for H1B, when I here in US(while L1B is in pending) and go back to India for stamping as I will not be eligible for COS. Or after the L1B decision is made.

Please advise.

Thanks,
Cool.

[mrcoolbuddy]

Please reply

Can anyone please answer this...

[raghvi]

Can anyone please answer this...

Unless you get extension approved, your stay from September 29th will be considered out of status period. And you are correct, you cannot apply for COS currently. The only option for you would be to either wait for L1 decision, or to leave US and apply for L1/H1 once outside US.

Suggest you to convince your employer to go for premium processing and work towards getting a successful L1 extension. If you have the proper documentation and eligible, I dont see why the extension will be denied.

This is my opinion not legal advice.

[mrcoolbuddy]

Urgent. Please help

1

Unless you get extension approved, your stay from September 29th will be considered out of status period. And you are correct, you cannot apply for COS currently. The only option for you would be to either wait for L1 decision, or to leave US and apply for L1/H1 once outside US.

Thanks a lot for your reply. My RFE due date is 27th Jan 2013. If I want to withdraw, I think I need to leave before 27th, Can you please confirm? Is this the right approach now, because I am withdrawing just before the last date of RFE due date and leaving the country. I think this is the viable option now, because in last 2 weeks almost all the L1B blanket cases have been denied of the RFEs that my company have filed and we have approvals for few L1A blankets(again after replying to RFEs)

Suggest you to convince your employer to go for premium processing and work towards getting a successful L1 extension. If you have the proper documentation and eligible, I dont see why the extension will be denied.

Seeing the trend, I think its better to leave the country instead of applying in Premium. Can you please advise which step I can take and also I do not have much type to take decision.

I will really thank all of the seniors for their valuable suggestions here.

This is my opinion not legal advice.

[mrcoolbuddy]

Thanks a lot for your reply. My RFE due date is 27th Jan 2013. If I want to withdraw, I think I need to leave before 27th, Can you please confirm? Is this the right approach now, because I am withdrawing just before the last date of RFE due date and leaving the country. I think this is the viable option now, because in last 2 weeks almost all the L1B blanket cases have been denied of the RFEs that my company have filed and we have approvals for few L1A blankets(again after replying to RFEs)


Seeing the trend, I think its better to leave the country instead of applying in Premium. Can you please advise which step I can take and also I do not have much type to take decision.

I will really thank all of the seniors for their valuable suggestions here.