Help !!!! L1 RFE

[tusk2000]

Right now I am on L1B which got expired in Jun 10th but before that on May 5th my emplyer filed extension . Now after almost 4 month got an RFE.

I have option
A. Lets respond to RFE - Wait and watch .
B. Withdraw petition and re-apply again on new L1B from India

My question is
1 - Which option is better ?
2- I understand that I need to move back to my home country if I withdraw petition but will it make me out of status for last 4 month ?
3- Can I go for H1 in premium before we reply for RFE and get H1 approved and then withdraw petiontion ?

Thanks .

[tusk2000]

Pls help

[rvisak]

Pls see below

Right now I am on L1B which got expired in Jun 10th but before that on May 5th my emplyer filed extension . Now after almost 4 month got an RFE.

I have option
A. Lets respond to RFE - Wait and watch .
B. Withdraw petition and re-apply again on new L1B from India

My question is
1 - Which option is better ?

I haven't seen too many L1B RFE's get approved - then again my sample set is of the people working with me. If you are responding; it has to be premium
2- I understand that I need to move back to my home country if I withdraw petition but will it make me out of status for last 4 month ?
[COLOR="rgb(46, 139, 87)"]You have been out of status starting June 10 i.e. 3 mths now - so this definitely will be a factor if you move back & apply for new L1B [/COLOR]
3- Can I go for H1 in premium before we reply for RFE and get H1 approved and then withdraw petiontion ?

[COLOR="rgb(46, 139, 87)"]Yes you can do this. This seems to be the best option in my opinion, but again - consult your company's immigration team as well[/COLOR]

Thanks .

[tusk2000]

Thanks for reply .

On my 2 question - Did you really mean that "Out of status" ?

[rvisak]

Yes - since the day your I-94 expires you start accumulating out of status days - though legally you can work while your petition is pending a final decision; if the petition is rejected (or withdrawn) then the time between I-94 expiry & exit from US is considered as out of status. Talk to your company lawyer on the best way forward - they really should have applied in premium processing to avoid this issue

[tusk2000]

My I-94 is already expired so in that case i really dont have option to WITHDRAW petion as it will make me out of stay ? and then If its true then I just got one option which is to reply RFE .

Even getting H1 will also not help right becasue for that i got to withdraw L1 petiontion which is not the open option.


Thanks.

[anna1234]

Hi

My friend had a simillar situation and he tried with applying h1 from full time employer but he got rfe for change of status asking the status for his L1 but lucky it got approved after his L1 got approved (l1 rfe). So according to me your best option is respond to the RFE and make sure it is premium and if it gets denied try H1 premium leave country get it stamped and come back.

[rvisak]

My I-94 is already expired so in that case i really dont have option to WITHDRAW petion as it will make me out of stay ? and then If its true then I just got one option which is to reply RFE .

Even getting H1 will also not help right becasue for that i got to withdraw L1 petiontion which is not the open option.


Thanks.

Let me lay it out for you.

1) Scenario 1: Since I-94 has expired; if you decide to withdraw you need to leave the country immediately. You have accumulated out of days starting from expiration date
2) Scenario 2: You respond to the RFE. If it gets rejected; the time from I-94 expiry to your exit from US is unlawful stay
3)Scenario 3: You respond to RFE, it gets accepted, you are all fine
4) Scenario 4: You file a H1 in premium. If it gets rejected; you back to Scenario 2 else it is Scenario 3

My colleague is in the same situation as you - though his I-94 expired just on 4th Sep and H1 has been filed in premium...so even if it does get rejected; his out of stay won't be more than 3 weeks