L1 extension RFE Request Feedback? Respond or Fresh L1B or H1

[encryptor]

Dear Fourm Members,

I request your help and guidance here as I am tired of the BS my employer is giving me.

Anyway this is my case

1. I came to the USA in October 2008 on a L1B VISA as a sales manager for a large IT services company and my wife joined me on a L2 VISA in January 2009.

2. My I94 was stamped till September 2011 so it is going to expire in a few months.

3. My employer asked me to apply for an L1B extension and this extension has come back as an RFE where USCIS has asked for information on my 1 year or more work experience in India and specialized knowledge which is needed for the job which I do

4. The HR department at my employer is throwing weird information at me such as

₋ RFE’s generally go into rejection
₋ If an RFE gets rejected I cannot apply for a L1BB VISA in India for the next 6 months
₋ If I withdraw my RFE then I cannot apply for a L1BV VISA in India for the next 12 months

The help which is needed

1. If my L1B extension and RFE gets rejected and if my family and I have to return to India then when could I apply for a fresh L1B VISA

2. If I withdraw my RFE (I don’t know why I am asking this but) then when can I apply for a fresh L1B VISA from India

My employer does not have a clue as to what I should be doing i.e go ahead and respond to the RFE or withdraw my RFE and apply for a fresh L1BB from India.

I basically want some continuity, in the sense should I respond to the RFE and wait or withdraw my RFE go to India and apply for a fresh L1B.

If I do apply for a fresh L1B and if that too gets rejected then apply for an H1
by October 2011 and come on a H1.

In a nut shell can I do the following
1. Respond to the RFE and wait for outcome
2. If RFE gets rejected then go to India by around august and apply for a fresh L1B.
3. If fresh L1B gets rejected then ship my family from USA to India in September and apply for H1

Or

1. Withdraw L1B extension and RFE
2. Go to India in July/august and apply for fresh L1B
3. If fresh L1B gets rejected then ship my family from USA to India in September and apply for H1

I truly request your help members, I am clueless and need help

[kabkaba]

First thing to remember is that you have not applied for your extension and you have not received an RFE. Employer files the petition and employer receives an RFE. They answer the RFE and then get a decision. So it is totally up to them to decide how they want to go about it.

However, you can consult your own attorney and have them talk to your HR (or get them to consult their own experienced attorney) so that the HR can get convinced about responding to that RFE. The RFE itself does not seem to be tough and will not probably result in a denial.

In case the company decides to send you back, they can file a new L1 petition anytime as long as you qualify (1 year abroad etc.). H1 petition can be filed anytime also as long as H1 cap remains open.

[encryptor]

Dear sir,

Thank you very much for your response and guidance.

I will work accodingly.