L1B Extension and RFE question

[dellite]

My L1B is expiring on 25th June 2016 and i have applied for extension till my maxout date, which is 19th August, 2016. Though it is a month and a half but it is a critical period for me, why because i have applied for L1B to H1B conversion as well. If selected in H1B, then I can take a vacation to India, get my visa stamped and come back to US after 1st October, 2016. My L1B extension was filed by my employer on 1st April and they got the receipt notice on 2nd of May. The receipt was shared to me on 6th May and as soon as i received it, i checked the status on USCIS website only to find it they have issued RFE on my visa case. The RFE was issued on 6th May and my employer has not still received it yet. On the given conditions, requesting to provide clairfications on my questions below.

1. After responding to the RFE, what would be the timeline for USCIS to let me know the result of my visa case?
2. Would this have any impact, whatsoever on my H1B conversion? I am afraid on this part, since everything depends on my H1B visa.
3. Not Related to L1B but H1B, My H1B conversion was also filed on the 1st week of April through my employer however there is no status on it yet. I read in few forums that people are already gettimg to know that their cases was picked up in the lottery or not, even filed in normal mode. What are the next steps for me? would my employer got the receipt notice yet? How can i check my status.

Thank you very much for all the help you guys do. Greatly Appreciate it.

[raghvi]

My L1B is expiring on 25th June 2016 and i have applied for extension till my maxout date, which is 19th August, 2016. Though it is a month and a half but it is a critical period for me, why because i have applied for L1B to H1B conversion as well. If selected in H1B, then I can take a vacation to India, get my visa stamped and come back to US after 1st October, 2016. My L1B extension was filed by my employer on 1st April and they got the receipt notice on 2nd of May. The receipt was shared to me on 6th May and as soon as i received it, i checked the status on USCIS website only to find it they have issued RFE on my visa case. The RFE was issued on 6th May and my employer has not still received it yet. On the given conditions, requesting to provide clairfications on my questions below.

1. After responding to the RFE, what would be the timeline for USCIS to let me know the result of my visa case?
2. Would this have any impact, whatsoever on my H1B conversion? I am afraid on this part, since everything depends on my H1B visa.
3. Not Related to L1B but H1B, My H1B conversion was also filed on the 1st week of April through my employer however there is no status on it yet. I read in few forums that people are already gettimg to know that their cases was picked up in the lottery or not, even filed in normal mode. What are the next steps for me? would my employer got the receipt notice yet? How can i check my status.

Thank you very much for all the help you guys do. Greatly Appreciate it.

1. Cant say, under normal processing it can take upto 6 Months.
2. No. Only thing that may happen(if nothing wrong with H1 as such) is H1 does not get approved as COS.
3. You have to wait for employer to provide you that.

This is my opinion not legal advice.

[dellite]

Sorry I have few more questions.

So currently i have received the receipt notice and in that neither there is no mention of any dates nor mentioned that i can legally stay with the receipt. Infact it says this does not grant any immigration status. My max out date is 19th Aug 2016 and I don't have hope that i will get a result of case before that. My current I-94 says expiry date as the current visa valid date which is 25th June 2016 . What is the proof that i have that i have not stayed illegally after 25th June 2016.

Nextly after H1B gets approved and the stamping is done in India, when i reenter (now i dont bother my previous L1B extension case) How can i prove that i have not overstayed beyond 25th June 2016. Is my I 539 and the receipt notice enough to prove that i legally stayed.

[raghvi]

Sorry I have few more questions.

So currently i have received the receipt notice and in that neither there is no mention of any dates nor mentioned that i can legally stay with the receipt. Infact it says this does not grant any immigration status. My max out date is 19th Aug 2016 and I don't have hope that i will get a result of case before that. My current I-94 says expiry date as the current visa valid date which is 25th June 2016 . What is the proof that i have that i have not stayed illegally after 25th June 2016.

Nextly after H1B gets approved and the stamping is done in India, when i reenter (now i dont bother my previous L1B extension case) How can i prove that i have not overstayed beyond 25th June 2016. Is my I 539 and the receipt notice enough to prove that i legally stayed.

This intermediate period, when an extension is filed and decision is being awaited, is called "Period of Stay Authorized by the Attorney General". It generally allows all the privileges you would have otherwise in that status, even if I-94 has expired. One generally does not accrue illegal presence while in this wait period. For H1/L1 this is 240 Days max. Keep the extension receipt for future purposes, as that is the proof that extension was applied before I-94 expiry.

There are few things to consider being in this intermediate stage. You may not be able to extend your driver's license in some states post your I-94 expiry. the time you spend in this status also counts against the max time limit of 6 Years (for H1 and L1).


This is my opinion not legal advice.