L1B is in RFE and H1B is in initial review

[Rakesh.Babu]

Hi,
Can you please help answer my questions.
My situation:
Current Company A- L1B visa and I94 expiry dates 01-June-2013.
1) Company B applied for H1B in COS on 01-April-2013
2) Company A applied for L1B extension on 17-May-2013
3) Got RFE for L1B ext on 04-June-2013
4) Due date for L1B ext RFE is 27-Aug-2013
5) Current H1B status is in Initial Review

Below are my questions:
Situation before 1-Oct-2013:
1)If my H1B is approved before 1-Oct-2013 and
a) If I do not hear any thing on L1B by 1-Oct-2013, can I work for Company B on H1B from 1-Oct-2013?
b) If L1B ext is approved later (before 01-Oct-2013)- Does the last action rule apply?
c) Is there any thing my Company B can do, to avoid the last action rule and start working on H1B from 1-Oct-2013?
d) If my L1B is denied, I know that I need to leave the country immediately. but can I come back to US with H1B stamping?

Situation after 1-Oct-2013 :
2) If my H1B is approved after 1-Oct-2013 (For e.g. on 22-Oct-2013) and
a) If I do not hear any thing on L1B, can I work for Company B on H1B, from the H1B approval date?
b) If L1B ext is approved later (after 22-Oct-2013)- Does the last action rule apply?
c) Is there any thing my Company B can do, to avoid the last action rule and start working on H1B from the H1B approval date?
d) If my L1B is denied before (22-Oct-2013), I know that I need to leave the country immediately. but can I come back to US with H1B stamping?
e) If I can work for company B on H1B from 22-Oct-2013 and later If L1B extension is denied, will it affect my H1B job?

Appreciate your response!!!

[raghvi]

First thing first.as your I94 has expired You are out of status from 01-June 2013 onwards unless your L1 extension is approved. And that may well be a reason for USCIS to probably not approve your COS to H1 and may eventually issue a RFE or approve H1 as consular processing.

So unless you first get L1 approved, the only way to move to H1 with certainty is to leave US , get H1 stamped at a consulate outside US and return on H1.

This is my opinion not legal advice.

[Rakesh.Babu]

Please help me

First thing first.as your I94 has expired You are out of status from 01-June 2013 onwards unless your L1 extension is approved. And that may well be a reason for USCIS to probably not approve your COS to H1 and may eventually issue a RFE or approve H1 as consular processing.

So unless you first get L1 approved, the only way to move to H1 with certainty is to leave US , get H1 stamped at a consulate outside US and return on H1.

This is my opinion not legal advice.

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My L1B extension was denied on 03-Oct-2013 and I am planning to move to India soon.

Company B has already responded to my H1B RFE today and asking me that- They wanted to push my case to Premium and If I can stay in the United States for next 2 weeks I will get to know some response, so that I can continue my work in the United States by finding a new job after H1B approval. (They are suggesting this to avoid rejections at the US Consulate stamping if I go back to India)

My questions are:

1) Can I stay in the united states until I hear the decision on H1B if it is pushed to Premium? (may be 2 to 3 weeks)
2) If yes then- when I will be working for Company B, in future will I be facing any issues when I go to India for a vacation and come back? (At Stamping or port of entry)

Appreciate your help!!!

[raghvi]

---------------------------------------------------------------------------------------
My L1B extension was denied on 03-Oct-2013 and I am planning to move to India soon.

Company B has already responded to my H1B RFE today and asking me that- They wanted to push my case to Premium and If I can stay in the United States for next 2 weeks I will get to know some response, so that I can continue my work in the United States by finding a new job after H1B approval. (They are suggesting this to avoid rejections at the US Consulate stamping if I go back to India)

My questions are:

1) Can I stay in the united states until I hear the decision on H1B if it is pushed to Premium? (may be 2 to 3 weeks)
2) If yes then- when I will be working for Company B, in future will I be facing any issues when I go to India for a vacation and come back? (At Stamping or port of entry)

Appreciate your help!!!

You are out of status since L1 expiry, after L1 rejection, you are accumulating illegal presence too. upgrading H1 to premium might not yield much. Advisable to leave US go for consular processing of H1 and attend H1 stamping. If your employer and project are genuine I dont see a reason for H1 rejection.

This is my opinion not legal advice.

[Rakesh.Babu]

Please help me

You are out of status since L1 expiry, after L1 rejection, you are accumulating illegal presence too. upgrading H1 to premium might not yield much. Advisable to leave US go for consular processing of H1 and attend H1 stamping. If your employer and project are genuine I dont see a reason for H1 rejection.

This is my opinion not legal advice.

Thanks you for the Response raghvi. I have decided to go back to India and asked my company to book the tickets ASAP.

They are saying the tickets are available on 16th or 17th of October 2013.

My question is:
If I leave The United States on 17th October 2013, Do I need to face any problem in future while coming to United States? (At the Consular or at port of entry)

FYI: My L1B extension was denied on 03rd October 2013

[raghvi]

Thanks you for the Response raghvi. I have decided to go back to India and asked my company to book the tickets ASAP.

They are saying the tickets are available on 16th or 17th of October 2013.

My question is:
If I leave The United States on 17th October 2013, Do I need to face any problem in future while coming to United States? (At the Consular or at port of entry)

FYI: My L1B extension was denied on 03rd October 2013

I dont think so. Do keep all paperwork with you, extension request receipt, denial etc.

This is my opinion not legal advice.

[Rakesh.Babu]

please help me

Hi Raghvi,

I left US on October 15th and my H1B was approved on October 17th and by that time I just have reached India.

So i need to go for stamping now. And my question is:

Do I need to take the experience letter from Company A along with me, when I go for Company B's H1B stamping.
The thing is I have been working for Company A from last 7 years and I do not have a experience letter. If I need to get it, I need to resign Company A and wait for 30 days.

Please advice me, If experience letter from Company A is mandatory, when I am going for H1B stamping?

Appreciate your help!!!

[raghvi]

Hi Raghvi,

I left US on October 15th and my H1B was approved on October 17th and by that time I just have reached India.

So i need to go for stamping now. And my question is:

Do I need to take the experience letter from Company A along with me, when I go for Company B's H1B stamping.
The thing is I have been working for Company A from last 7 years and I do not have a experience letter. If I need to get it, I need to resign Company A and wait for 30 days.

Please advice me, If experience letter from Company A is mandatory, when I am going for H1B stamping?

Appreciate your help!!!

Though it is not required. If you are still working with A you will not have the experience certificate from A. You can take the initial offer letter and salary slips to prove you are working with them and you can say you will get experience certificate only when you resign , and you will resign only if you get the visa.

This is my opinion not legal advice.

[Rakesh.Babu]

please help me

This is another question regarding passport validity:

My passport is valid till 2016-May and my Petition was approved till 2016-Sept from 2013-Oct. So is there any problem if I go with my passport or do I need to apply for a new passport.

Where can I get the exact information about passport validity?

When I googled, if found in few websites that the passport should have a validity of at least 6 months beyond the Visa expiry date but I am not sure if that is accurate information.

Kindly suggest me?