Can H1 B be filed , if L1 visa and I94 is expired and extension is filed ......

[ganesh2121]

My L1- Blanket and I94 is expiring on 27 Feb 2013. Company A have filed for my L1 extension on 8 Jan 2013 and have received RFE for same 7 Feb 2013.
My questions are
1. What is the time duration before which the RFE needs to be responded? What is the processing time expected for final response?
2. Can the same company file my H1 in the April quota for H1 Cap.
a. If yes, am I eligible to stay in US on the H1 receipt, in case L1 gets rejected ?
b. Can filing of H1 premium be the solution in this case?
c. Also, Can I continue to work in US before 1st Oct 2013
3. What are the other options in this case?



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[raghvi]

My L1- Blanket and I94 is expiring on 27 Feb 2013. Company A have filed for my L1 extension on 8 Jan 2013 and have received RFE for same 7 Feb 2013.
My questions are
1. What is the time duration before which the RFE needs to be responded? What is the processing time expected for final response?
2. Can the same company file my H1 in the April quota for H1 Cap.
a. If yes, am I eligible to stay in US on the H1 receipt, in case L1 gets rejected ?
b. Can filing of H1 premium be the solution in this case?
c. Also, Can I continue to work in US before 1st Oct 2013
3. What are the other options in this case?



____________________________________________________________ ____________________________________________________________ ________________________

There are numerous posts which discuss this exact situation in length. IF you want faster processing upgrade the extension request to premium.
1. RFE response deadline is generally mentioned in the RFE itself. I personally suggest to respond ASAP to any RFE.
2. Yes the employer can file H1 petition for you as L1 and H1 are separate.
a. NO. H1 start date can only be from 01-Oct-2013 or later, merely filing H1 doesnt give you valid status. Unless your L1 extension is approved your stay beyond 27th Feb 2013 is considered out of status period.
b. NO. Filing H1 in premium will not help as H1 will still be valid only from 01-Oct-2013.
c. Technically you can continue to work till 240 days have passed after your I-94 has expired or till USCIS takes a decision on your L1 extension request whichever is earlier. But unless your extension is approved the period will not be considered valid status period.
3. No options but to try to secure a successful L1 extension request.
Your valid , legal status, H1, all depend upon securing a successful L1 extension from USCIS. I would advice to upgrade to premium and get response ASAP. If accepted you can file a COS to H1, if rejected, leave US ASAP, file H1 while outside US, in April 2013, get H1 stamped and return 01-Oct-2013 on H1.

This is my opinion not legal advice.

[ramkrishna322]

I am in same boat. applied for extension on 01/08 and received RFE on 01/16 as per the uscis website and waiting for RFE details. what about you? have you received RFE details? what are they asking for?

My L1- Blanket and I94 is expiring on 27 Feb 2013. Company A have filed for my L1 extension on 8 Jan 2013 and have received RFE for same 7 Feb 2013.
My questions are
1. What is the time duration before which the RFE needs to be responded? What is the processing time expected for final response?
2. Can the same company file my H1 in the April quota for H1 Cap.
a. If yes, am I eligible to stay in US on the H1 receipt, in case L1 gets rejected ?
b. Can filing of H1 premium be the solution in this case?
c. Also, Can I continue to work in US before 1st Oct 2013
3. What are the other options in this case?



____________________________________________________________ ____________________________________________________________ ________________________

[ganesh2121]

There are numerous posts which discuss this exact situation in length. IF you want faster processing upgrade the extension request to premium.
1. RFE response deadline is generally mentioned in the RFE itself. I personally suggest to respond ASAP to any RFE.
2. Yes the employer can file H1 petition for you as L1 and H1 are separate.
a. NO. H1 start date can only be from 01-Oct-2013 or later, merely filing H1 doesnt give you valid status. Unless your L1 extension is approved your stay beyond 27th Feb 2013 is considered out of status period.
b. NO. Filing H1 in premium will not help as H1 will still be valid only from 01-Oct-2013.
c. Technically you can continue to work till 240 days have passed after your I-94 has expired or till USCIS takes a decision on your L1 extension request whichever is earlier. But unless your extension is approved the period will not be considered valid status period.
3. No options but to try to secure a successful L1 extension request.
Your valid , legal status, H1, all depend upon securing a successful L1 extension from USCIS. I would advice to upgrade to premium and get response ASAP. If accepted you can file a COS to H1, if rejected, leave US ASAP, file H1 while outside US, in April 2013, get H1 stamped and return 01-Oct-2013 on H1.

This is my opinion not legal advice.

Thanks for the reply.... That helps... I just had one more question

Question - Can you please give some explanation on with COS and without COS... as too when you can file with COS and when without COS?

Appreciate your help

[ganesh2121]

Can anyone share response to RFE

I wanted to refer to some reponses, just to get some guidance on how it should be answered...

It would be of great help, if i get some filed responses...

Private message option is also ok....

Thanks

Ganesh

[raghvi]

COS means Change of Status. You can file COS when you are in valid status. One can only have a immigrant status while one is in US.

A COS approval comes with a new I-94 so for example if you are filing L1 to H1 as COS, if you are having valid L1 status, the H1 COS approval will come with a new I-94 at the bottom of the I797.

If you are not having a valid L1 status or the L1 status has expired and a extension request is pending the H1 petition either will go into RFE wherein you have to provide evidence of L1 extension approval OR it gets approved as consular processing, as consular processing the H1 becomes active only when you get it stamped at a US consulate abroad or you file an H1 amendment to convert from consular to COS again.

This is my opinion not legal advice.