L1b extension & H1b Cos both RFE

[gd_suresh]

Question:
I have applied L1b ext on jan 26th ,got Rfe on April 2014 ,H1 B cos also got Rfe on July 9th .what will happen if my l1 b ext denied?is it still I can respond for h1b Rfe ?
Please suggest

[raghvi]

Question:
I have applied L1b ext on jan 26th ,got Rfe on April 2014 ,H1 B cos also got Rfe on July 9th .what will happen if my l1 b ext denied?is it still I can respond for h1b Rfe ?
Please suggest

When was you H1 applied? Is it fresh one or cap exempt. It appears that you applied fresh H1 in April 2014. Such a COS to H1 typically end in a RFE, USCIS deciding on your COS to start from 01-Oct-2014 provided you can prove that you are in valid status on 30-Sep-2014.

You will be on valid Status on 30-Sep-2014 only if your L1 extension is approved.

If your I-94 has expired then if L1 Extension is rejected you will have to leave US. You can go for H1 stamping as consular process if H1 petition gets approved as consular process.

This is my opinion not legal advice.

[gd_suresh]

Raghvi thanks for replying.
My I94 expired on June 6 2014, I am on 240 days rule.If my L1B extension denied ,shall I go for H1B Consular processing in India?

Thanks

[raghvi]

You don't have a choice if L1 rejected. You should leave. As for H1 , you would have to await the petition approval while outside US and subsequently go for stamping.

This is my opinion not legal advice.

[gd_suresh]

You don't have a choice if L1 rejected. You should leave. As for H1 , you would have to await the petition approval while outside US and subsequently go for stamping.

This is my opinion not legal advice.

Is it my H1 B COS is valid to reply rfe, if my L1 ext rejected and when I am back to India?
I read some blog that L1 Ext and H1B cos is bridge ,if L1 ext rejected H1B Cos also abounded?

[raghvi]

Generally The H1 petition itself does not get canceled merely the COS gets denied. H1 is decided on H1 merit, your employer, your skill set and qualification etc. Its got no relation with L1. Even if L1 gets denied, the H1 petition can get approved if H1 employer and requirements are met. As COS gets denied, you will have to leave.

if L1 ext rejected , or 240 day limit approaching it is Suggested to convert H1 to consular process and go for H1 stamping.

This is my opinion not legal advice.

[gd_suresh]

Generally The H1 petition itself does not get canceled merely the COS gets denied. H1 is decided on H1 merit, your employer, your skill set and qualification etc. Its got no relation with L1. Even if L1 gets denied, the H1 petition can get approved if H1 employer and requirements are met. As COS gets denied, you will have to leave.

if L1 ext rejected , or 240 day limit approaching it is Suggested to convert H1 to consular process and go for H1 stamping.

This is my opinion not legal advice.

Thanks Ragvi

[Ashvith]

L1 B - Individual Extension

Hello all,

I am on L1 B individual visa and my visa is expired on 14th July 2014. My company has filed the extension before 14th July 2014 and I got RFE. I have 9 years of IT experience out of which 2 years at onsite. I do not know what is expected in the RFE (I have not received it in my hands), but I wish to know the probability of it getting approved.

[raghvi]

Hello all,

I am on L1 B individual visa and my visa is expired on 14th July 2014. My company has filed the extension before 14th July 2014 and I got RFE. I have 9 years of IT experience out of which 2 years at onsite. I do not know what is expected in the RFE (I have not received it in my hands), but I wish to know the probability of it getting approved.

This is not a game of dice that each number has a 1/6 probability. If your case is genuine and you have provided sufficient evidences to support your specialized skill set, then it would be approved.

This is my opinion not legal advice.