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L1-B Denied.. H1 Filing question

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  • L1-B Denied.. H1 Filing question

    Hi,

    Please find below my case. I would really appreciate if someone can help me or direct me to a thread which already can answer this.

    My L1-B Visa was Expired on 12-28-2008. I have applied for an extension in November 2008 and got an RFE in February 2009. Replied to the same and got a DENIAL yesterday. I am yet to know the reasons for that.
    Because of this DENIAL, I need to Leave US at the .earliest

    My employer has told me that he would pursue an H1-B for me since the CAP is not still not reached. However, they specifically told that they will not pursue an L1-B again since it's rejected once and would not want to take risk one more time.

    Yesterday, my attorney has told that I should leave US ASAP inorder to file
    H1 Petition. As per him, my H1 petition would become VOID if I travel to India after the H1 filing is done. Please let me know If this is correct or not. Your replies would be helpful to me in deciding what to do in the next couple of days.

  • #2
    As per him, my H1 petition would become VOID if I travel to India after the H1 filing is done. Please let me know If this is correct or not. Your replies would be helpful to me in deciding what to do in the next couple of days.
    If you travel after filing, COS will void NOT h1b petition. Many people file H1B being in home country. After approval your employer can send you papers for stamping in home country.
    I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

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    • #3
      This means that I should leave the US before filing for H1 right? Please let me know.

      Thank you.

      Comment


      • #4
        Yesterday, my attorney has told that I should leave US ASAP inorder to file H1 Petition. As per him, my H1 petition would become VOID if I travel to India after the H1 filing is done.
        In your case, you are presently illegal due to L1 extension denial. If you are filing for h1b being in US then your case might receive RFE due to your illegal presence. May be that is why attorney suggesting you to leave asap.

        If you travel after filing, it will void COS not your petition.
        I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

        Comment

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