L1B Extension RFE - Fresh H1B

[balu1309]

Dear Experts,

Could you please help me with the following issues, as I need to take a decision ASAP.

I am currently on L1B visa, and USCIS has issued an RFE with 10/28 as due date for the L1B extension that my employer applied. I have responded to RFE(about the project, certifications, trainings) and send to our attorney, they will process it by 10/23 and send it to USCIS.

1. In the mean while I got an offer with other employer who is ready to file fresh H1B petition. So, does it effect my L1B extension decision, if I file a fresh H1B petition now?
2. What if I get the fresh H1B approval first, and L1B extension approval next?
3. Shall I request my current employer to withdraw the extension and move to new employer immediately?Do I need to put down the papers before I get my H1B approval or after approval?
4.What if I get my H1B approval first, and I still continue with my current employer until I get L1B extension decision? Can I switch to new employer immidiately after the decision is out, in case if it is negative?

Your kind response will be much appreciated.

Regards
Balu

[kabkaba]

A lot depends on when your L1 I-94 expires, whether H1 petition is filed with change of status or not and when you want to join the H1 employer.

[balu1309]

Thanks kabkaba.

Actually my I94 has expired on 30-May-2011, also I was told that its a fresh H1B petition(not COS to my knowledge). I would like to join H1B employer next month, because I dont see any reason to join the new employer unless my L1B extension get denies.

Please let me know if it is ok to join the new employer once my L1B extension decision is out, in case if it negative does my status goes to 'out of state', even if I have a valid H1B petition in hand.

Kindly suggest.

Thanks
Balu

[kabkaba]

Your status after I-94 expiry depends on pending L1 petition. Without that you are illegal.
Your H1 petition may be filed as a bridge with change of status. Without change of status to H1 you cannot work for the H1 employer.
A good way to approach this is to wait for the L1 extension, upgrade to premium if possible. As soon as that is approved, file H1 with change of status and premium processing. After H1 is approved, you can begin working for the H1 employer.