H1b to L1b and then RFE

[spravee11us]

My H1b visa has been expired sometime and my comp A has filed H1b to L1b conversion,but I got RFE .
1)I am not sure if still i can get my visa transferd to some other comp B and apply for extension.
2)Can i ask comp A to reply REF i.e. process my H1b-L1b conversion and apply for H1B transfer and extension through comp B.

please advice....thx in advance.

[txh1b]

My H1b visa has been expired sometime and my comp A has filed H1b to L1b conversion,but I got RFE .
1)I am not sure if still i can get my visa transferd to some other comp B and apply for extension.

Are you currently in US? Possible if your I-94 has not expired. Not possible if I-94 has expired. Are you still working for the company? If so on what status. When you ask a question, you need to provide all relevant details of the case.

2)Can i ask comp A to reply REF i.e. process my H1b-L1b conversion and apply for H1B transfer and extension through comp B.

Possible after the L1 gets approved. But the L1 has to be approved first as I am guessing your I-94 has expired.

[spravee11us]

thank you for your reply.

I am still in US, Comp A had filed the H1b to L1b conversion and got the RFE .
My visa/I-94 are expired last week.
As per my current employer if you get REF the chances of rejection are high.
Is there any problem in future if I will get the denial for conversion.

Is there still possibilty to get H1B extension/transfer through some other comp or same comp withdraw my H1b to L1b conversion and file new H1b extension application.

[txh1b]

As your I-94 has expired and it is a COS, you are not supposed to be working. You are in deep trouble if it results in a denial and you accumulate 180 days of stay. Your employer should upgrade it to premium and get a response immediately.

No other status changes are permitted after the I-94 expires and if thebridging petition is denied.

[spravee11us]

It is filed under premium processing.
I'm not sure I should reply the "request for evidence" or withdraw the conversion and go back to native country and file fresh L1b, as chance of rejection are preety high if i reply RFE(as my current employer indicated, is it true?).

[txh1b]

There is no reason to believe that RFE results in a rejection unless the employer blatantly misrepresented something. Without knowing what the RFE is about, speculating about it does not make sense.

[spravee11us]

My comp has decided not to reply RFE as since jan-08 they were not able get through any h1b to l1b conversion.
Now i have few questions-
1) My H1b/I-94 are already expired and we are not replying RFE then what would be my status , can i work legally in US till my due date some time next month?
2)Can i still transfer my H1b(expired on 15jun08) to some other employer?
3)Is it okay to file fresh L1b with same employer?

Thank you advance.

[txh1b]

1. Illegal with unauthorized work. As your I-94 already expired, no other status changes like change to B1/B2 permitted.
2. Not while you are in the US. You have to go outside the US or apply for CP.
3. Possibly. But remember, you are accumulating illegal presence and working without authorization. This will lead to a 3-10 year ban if it exceeds 180-365 days. Also, you have to mention this in the future in your DS156 form for visa and all immigration forms when asked.

[needasuggestion]

H1 has rfe can i try L1

i have been in US since 4y6month on h1 b. my h1b extension has an RFE know and I-94 has expired.
1. can I apply for L1 after going to india?
2. will I get L1 for up to 5years or since i was in us for 4yrs6months, they can issue l1 for only limited time like remaining 6months.

Any help is greatly appreciated as there few depencies i need to plan for--Thanks