L1B to H1B conversion is in RFE

[shi123]

Hi All,

My L1B to H1B conversion is in RFE and L1B maxout date is Dec/2015.My perm has been approved in April.
In case of rejection of H1B ,what would be the case if my I140 get approved before max out date.
As my company is going to file I 140. Can premium processing of I140 help me to stay in USA..

What would be the possible scenarios to stay in USA..if H1B get rejected and I140 get approved..

Regards,
shi123

[raghvi]

Hi All,

My L1B to H1B conversion is in RFE and L1B maxout date is Dec/2015.My perm has been approved in April.
In case of rejection of H1B ,what would be the case if my I140 get approved before max out date.
As my company is going to file I 140. Can premium processing of I140 help me to stay in USA..

What would be the possible scenarios to stay in USA..if H1B get rejected and I140 get approved..

Regards,
shi123

Which category Eb1/2/3?

What's your country of birth?

[shi123]

which category eb1/2/3?

What's your country of birth?

eb3..india

[raghvi]

eb3..india

Well, for EB3, India you are looking at 10-12 Years. Till that time you need to be on a valid visa/status to work. The valid statuses would typically, in most cases be H1 as L1B cannot be extended beyond 5th Year , even if you have an approved I140. Only H1 can be extended beyond 6 Year completion, if I140 is approved. So in your case , best outcome would be get RFE for H1 resolved and move to H1 status.

If H1 gets rejected, you cannot stay beyond Dec 2015 (5th Year L1B completion) even if I140 approved. The other alternative in this case to buy more time is to try to move to L1A, but since they processed Eb3 for you I doubt they would be inclined to or you would be qualified for L1A/Eb1.

What is the RFE for ? Is H1 with same employer as L1?

This is my opinion not legal advice.

[shi123]

Thanks Raghvi ...

My h1b was initiated when I was working with client A..after selected in lottery my client n location got changed..Rfe required client letter from client A..but my company didnt provide letter from client A..

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Thanks Raghvi ...
Same employer only..
My h1b was initiated when I was working with client A..after selected in lottery my client n location got changed..Rfe required client letter from client A..but my company didnt provide letter from client A..