L1B in RFE Applying H1B in 2013 Cap

[ravijunes]

Hi

I am on L1B and applied for extension for which i got RFE. Below are complete details:

L1B Visa Expiry: March 12th 2012
L1B I-94 Expiry: May 12th 2012.

L1B Extension applied in Feb 2012 and got RFE on May 16th 2012. I still didnt got details of RFE from my company.

I have applied for H1B in premium processing on May 3rd and got RFE on May 17th.

I believe that i got H1B RFE because of my L1 status.

Another company is willing to apply for H1 for 2013 cap. What are the pros and cons of getting a success if applying in normal processing. Is it advisable to apply for another H1.

Please provide your expert advise on it.

Additional information My wife who is on L2 (I-94 expired on March 12th 2012) and US born kid are out of country and got stuck because this situation.

[kabkaba]

Since your I-94 has expired, any petition to change or extend your status (L1 or H1) is dependent on approval of the original L1 extension. Without that, your status cannot be changed or extended. If your employer thinks that it is highly likely that L1 extension will be denied, it is advisable to leave the US.
You should consult an experienced immigration attorney on your own to better understand the options.