Help Needed - L to H COS

[jainenator]

Dear Experts,
I came to US on L1 Blanket visa in September 2008. My L1 visa expired on March 11, 2011 and I-94 is valid till November 3, 2011. My employer applied for L1 extension in July 2011 and received RFE on July 22, 2011. The RFE due date is October 16, 2011.

After receiving RFE on L1 visa, my employer applied for L to H conversion with COS. This got approved on September 23, 2011. I have received a copy of approval and an I-94 effective from October 1, 2011 is attached to it.

Now, I am having following doubts:

a.) Now, we do not need to respond to L1 extension RFE. This would lead to L1 denial. Will this create any impact on approved H1 petition? Can I legally continue to stay and work in US based on approved H1 petition and I-94 received with H1 approval notice?

b.) If my employer sends a withdrawal request for L1 extension application, do the risk of L1 getting denied because we did not respond to RFE will still be there? How soon should they send the withdrawal request?

Please let me know. Thank you so much for your help.

[kabkaba]

The employer needs to either withdraw the L1 or not respond to the RFE. One of that must be done because if they respond to the RFE and L1 gets approved your status will again change to L1. Withdrawal or denial due to not responding will not affect the already approved H1 status.

[jainenator]

Thanks. Suppose my employer sends the withdrawal request on Oct 10th and USCIS receives it on Oct 12th. Now, if the entire process of withdrawal does not get completed for an entire month say till Nov 12th, how will my L1 case close down and reflect in my history? With a withdrawal or denial?

[kabkaba]

It does not really matter what happens to that. All you need to care about is your current status which is H1.