L1 A Extension RFE

[suresh1980]

I had applied for my 1st L1A extension on premium processing on got the RFE.Not sure the possibility of getting approval, as my visa end date is March 28th, can i stay after March 28th or need to leave the country until i get the response back

In worst case, if i stayed after march 28th and if its negative result, in how many days i need to leave the country after the result

Did any one experienced the L1A Rfe? and wht is the rate of sucess for L1A RFE?

Please advise

[Libra_14]

I had applied for my 1st L1A extension on premium processing on got the RFE.Not sure the possibility of getting approval, as my visa end date is March 28th, can i stay after March 28th or need to leave the country until i get the response back

Your visa expiry dates has nothing to do with your stay. Its I94 which defines your stay.
You can stay for 240 days after expiry of your I94 awaiting response for your petition extension application.

In worst case, if i stayed after march 28th and if its negative result, in how many days i need to leave the country after the result

You'll get a date by which you'll need to leave the country - generally its 2 weeks time.

Did any one experienced the L1A Rfe? and wht is the rate of sucess for L1A RFE?

There are thousands of applicants faced RFEs each time they file for fresh application or extension.
I take RFE as a positive response, considering instead of rejecting the application straight away, they are giving you another chance to provide missing documents.
Success rate is still high.

[suresh1980]

Your visa expiry dates has nothing to do with your stay. Its I94 which defines your stay.
You can stay for 240 days after expiry of your I94 awaiting response for your extension petition.

You'll get a date by which you'll need to leave the country - generally its 2 weeks time.

There are thousands of applicants faced RFEs each time they file for fresh application or extension.
I take RFE as a positive response, considering instead of rejecting the application they are giving you another chance to provide missing documents.
Success rate is still high.

Thanks for your response.Lets stay +ve.

[Libra_14]

Thanks for your response.Lets stay +ve.

Please share your experience, once you go through it.

[suresh1980]

Sure will do.Meanwhile, i am in confused state of applying in H1b in COS.If my h1b got picked this year, can i stay back in L1A or automatically it will moved to H1b on October?

Could you please advise , i need to switch to H1B when needed, is it possible?

[Libra_14]

Sure will do.Meanwhile, i am in confused state of applying in H1b in COS.If my h1b got picked this year, can i stay back in L1A or automatically it will moved to H1b on October?

Could you please advise , i need to switch to H1B when needed, is it possible?

You won't switch your status to H1 until either you use your H1 visa to enter into USA or you file an COS to move to H1. An H1B petition picked in lottery & approved 797 won't change your status.

[suresh1980]

You won't switch your status to H1 until either you use your H1 visa to enter into USA or you file an COS to move to H1. An H1B petition picked in lottery & approved 797 won't change your status.

1) If i file my H1b with COS, then automatically i will converted into L1A to H1B on October?
2) If i want to remain on L1A , which category of H1B i need to apply?

[Libra_14]

1) If i file my H1b with COS, then automatically i will converted into L1A to H1B on October?

With COS - yes. Without COS - No.

2) If i want to remain on L1A , which category of H1B i need to apply?

There is no separate category. Your future employer will only file Form I129 (petition) for you for H1B, which won't change your status.

Once I129 (petition) is approved (you'll get I797), then you'll need to file COS to switch to H1B to work for that employer.

Hope it helps this time.

[suresh1980]

With COS - yes. Without COS - No.

There is no separate category. Your future employer will only file Form I129 (petition) for you for H1B, which won't change your status.

Once I129 (petition) is approved (you'll get I797), then you'll need to file COS to switch to H1B to work for that employer.

Hope it helps this time.

Thanks for your response

One employer is ready to file H1b with consular Processing .I do have few questions?

1) Applying H1B with consular processing will impact the L1A extension or GC processing?
2) If my company ask me to leave after october, can i change my status from L1A to H1B without going to india?
3) COS can be done for the consular processing while i am in US after October or whenever required?
4) If my H1B got expired, can i use the H1b while i am in US with L1A visa?

[Libra_14]

1) Applying H1B with consular processing will impact the L1A extension or GC processing?

No impact

2) If my company ask me to leave after october, can i change my status from L1A to H1B without going to india?

You can go to nearby country & get your H1B stamped, but since your H1B is with consular processing you'll have to go out of USA for sure.

3) COS can be done for the consular processing while i am in US after October or whenever required?

No.

4) If my H1B got expired, can i use the H1b while i am in US with L1A visa?

Its confusing.

[niti_27]

HI Suresh,
can you please send me your timelines of applying L1 visa extension and when did you finally got approved?
I am also planning to go through L1 extension through premium processing, It would help me a lot.

Thanks in advance!

[Libra_14]

HI Suresh,
can you please send me your timelines of applying L1 visa extension and when did you finally got approved?
I am also planning to go through L1 extension through premium processing, It would help me a lot.

Thanks in advance!

It varies from person to person, some people got extension approval in 7 days & some took 6 months in normal processing.

for premium processing you'll get response back in 15 days & in case of RFE, the cycle resets to another 15 days post your RFE response.