L1 to H1 COS

[ashwinkhai]

Hi,

My company filed L1 to H1 COS. My L1 expires on April 19 2012. My H1B visa was filed back in November 2011. I recieved RFE on Feb first week. The RFE Response was filed under PREMIUM on March 19.

1. How long does it take for USCIS Case Status update to reflect that the RFE Response has been filed?

2. What other option will I have to stay in US (either working or as my spouse's dependent) if in worst case my COS is rejected?

[ramnathbalasubramaniam]

Hi, I am also L1 and my company is also planning to do a H1 COS when the cycle opens this April. I am not clear about the entire process, can you please throw some light on this L1 to H1 COS by the same employer?

I know you are in a tight spot because of your own issues with your L1 RFE, but if you get a chance, please share any details that you may have.

Regards,

[ashwinkhai]

Sure..

This is my understanding.

When your employer files L1 to H1 COS, you don't need to leave US and re-enter, as long as you get your new I-94 along with H1 Approval before your current I-94 for L1 expires.

You will have to leave US if your current L1 I-94 expires. If you don't leave, you will be staying in US out of status. Your employer will have to take you out of payroll and you can't work.

So you will need to ensure that your employer files your new H1 and you recieve the approval with new I-94 before your current L1 expires. If needed, premium processing may be needed to stay in status.

As for my H1 RFE, USCIS wanted evidence of Employer-Employee relation. My employer have provided whatever document they got like paystubs, letter from client, timesheets etc.