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  • L1 Issue

    Hi All,

    I am trying my best to summarize my situation and need urgent guidance from you folks.

    I am in states since 2006 on L1B with company A and filed for H1B in 2008 with Company B. The H1B is still pending after company B replied to the RFE.

    My L1B was valid till Nov 08 and company A filed for extension in Oct 2008. During that time i was working with client C. In November company transfered me to client D. For L1B extension usics has asked for more documents which is related to client C. Now as i don;t work for client C it seems i am screwed up and has no options than going back to India unless i get H1B approval which company B filed.

    Questions:
    1. If i go back to India when company A can file another L1B? Is there some time gap or this can be done immediately?
    2. what will happen to my L1 to H1 transfer which is till pending?
    3. Any ideas after replying the RFE how long it takes to get the approval? The H1B RFE was responded in Aug and till showing in case processing resumes state.

    I would appriciate any suggestions.

    -MK

  • #2
    Yes, you are screwed as they cannot just change clients on their whims and fancies if the blanket approval for for a particular client.

    1. You can apply but you better go with individual petition than blanket.
    2. H1 gets processed as is. No impact. COS will become void if you fall out of status which I imagine you would. You should leave US after discussing the consequences with your L1b HR and attorney.
    3. It(L1) will most likely result in a denial. No predictions on timeline.H1b will most likely not get approved as a COS as your L1 status expired in Nov 08. It will be a CP case. In either case, you need a visa stamp.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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