L1 ext got denied, H1 is in RFE

[Nathan1981]

Hi There ,
I am in L1B visa with employer-A.
L1 is getting expired by May, hence employer-A has applied for my L1 extension in premium processing.
Within 2 days USCIS has opened my L1 extension application, and put an RFE asking for more proof on specialized knowledge, giving time of 3 month to reply to the RFE.
Mean while employer-B has filed H1 for me in COS (Change Of Status), and it got selected in the Lottery.
Now, H1 application was opened by USCIS, and they gave a RFE, asking for the current immigration status.
Then, L1 RFE was replied showing more proofs and documents. Even then L1 got denied.
Hence i cannot work in the US and need to go back to India within 30 days.
Employer-B is planning to reply to the H1 RFE, asking to change into Consular Process from COS. So that i will need to exit US and attend the immigration interview from India and come back by 1st Oct.

Queries:-
1. What is the probability of my H1 getting approved.
2. Shall i resign from employer-A in the US while my L1 got denied ? And i will be attending the H1 interview in India, during which i will not be with any employer, is that OK ?

Thanks a lot in advance... Appreciate your time and help...

[Nattybone]

Hello, Nathan.

I am not an expert. But, i am trying to understand something. As i read this, your petition for 'Extension' has been denied, correct? Your primary L1 was valid till May 2014, so why do you say you have to leave the country immediately? What has been denied is the Extension, did the denial say, leave the country right now? I am just trying to understand.

Cheers,

Hi There ,
I am in L1B visa with employer-A.
L1 is getting expired by May, hence employer-A has applied for my L1 extension in premium processing.
Within 2 days USCIS has opened my L1 extension application, and put an RFE asking for more proof on specialized knowledge, giving time of 3 month to reply to the RFE.
Mean while employer-B has filed H1 for me in COS (Change Of Status), and it got selected in the Lottery.
Now, H1 application was opened by USCIS, and they gave a RFE, asking for the current immigration status.
Then, L1 RFE was replied showing more proofs and documents. Even then L1 got denied.
Hence i cannot work in the US and need to go back to India within 30 days.
Employer-B is planning to reply to the H1 RFE, asking to change into Consular Process from COS. So that i will need to exit US and attend the immigration interview from India and come back by 1st Oct.

Queries:-
1. What is the probability of my H1 getting approved.
2. Shall i resign from employer-A in the US while my L1 got denied ? And i will be attending the H1 interview in India, during which i will not be with any employer, is that OK ?

Thanks a lot in advance... Appreciate your time and help...

[raghvi]

Nathan, if your L1 and associated I-94 expired in May 2013 itself then yes, you would have to leave US.

1. Your H1 decision is independent of L1 rejection. H1 approval will depend upon Employer B's petition and paper work associated with that.
2. Why you want to resign when you still not sure if H1 will be approved or not. If H1 is rejected at the consulate you will be left jobless. Advisable to resign from current employer A only after H1 B with Employer B is approved at the consulate.

This is my opinion not legal advice.

[Nathan1981]

Thanks

Thanks Raghvi and Nattybone for your replies...