Can I also file for L-1A when i received RFE for my L-1B extension

[ravi_embargo]

Hello,

My L-1B visa got expired in June-2018 so my employer filed an extension in June just few days before my visa expiry. Since then I am staying in reference to the petition receipt number. Today on Dec 8, 2018, I received RFE after 5 months of filing the petition. I can stay further until decision comes in or maximum of 240 days from the receipt date, whichever comes first. Also, as I got promoted to manager 3 months back, I wanted to explore other option to ensure get a valid visa while i am in US. I don't want to go back to India until my petition gets approved.

So, is it a feasible option to also file for L-1A right away OR I should keep my L-1A petition ready and file it very next day of L-1B denial in premium category?
Even premium will take atleast 2 weeks of time but can I stay in US after L1-B denial in reference to L1-A receipt number?

Thank you.

Regards,
Ravi

[Libra_14]

So, is it a feasible option to also file for L-1A right away OR I should keep my L-1A petition ready and file it very next day of L-1B denial in premium category?
Even premium will take atleast 2 weeks of time but can I stay in US after L1-B denial in reference to L1-A receipt number?

As soon as your L1B petition denial is released by USCIS, you've only few days (I guess 2 weeks) to leave the country from the date of denial. If you file your L1A petition just after denial you won't get response within 2 weeks (what in case of another RFE).

In that case you'll out of status or over stayed - which can cause you trouble in future.

Since you are already promoted, I'd suggest to file for L1A right now & let both application run in parallel (Consult an attorney, if this is possible).