L1 - RFE - Please Advice

[Rohanadhikari]

Dear Advisor,

Today RFE received from CIS. Company still need to get the mail regarding the details of RFE. Is there any trend/pattern on L1 - RFE approval or denial? Just wanted to anticipate further planning incase something goes wrong. How much time generally being allowed to respond to RFE and how much time under normal processing it takes to hear back on the decision on RFE. Kindly advice. Thanks!

[raghvi]

Dear Advisor,

Today RFE received from CIS. Company still need to get the mail regarding the details of RFE. Is there any trend/pattern on L1 - RFE approval or denial? Just wanted to anticipate further planning incase something goes wrong. How much time generally being allowed to respond to RFE and how much time under normal processing it takes to hear back on the decision on RFE. Kindly advice. Thanks!

I doubt if you are going to get a trend/pattern analysis with respect to L1 RFE anywhere. Each case is different. The timelines to respond will be given in the RFE. After RFE response no one can predict the time it will take to get a decision, upgrading to premium can ensure a speedy response. This is my opinion not legal advice.

[Rohanadhikari]

I doubt if you are going to get a trend/pattern analysis with respect to L1 RFE anywhere. Each case is different. The timelines to respond will be given in the RFE. After RFE response no one can predict the time it will take to get a decision, upgrading to premium can ensure a speedy response. This is my opinion not legal advice.

While RFE for L1 B, may i eligible to file H1 thru my company.

Thanks!

[raghvi]

While RFE for L1 B, may i eligible to file H1 thru my company.

Thanks!

When is your L1B expiring and when is your I-94 expiring? If you want to process a fresh h1 then H1 quota for current year is over, the next year quota will open only April 2013 and the earliest start date would be Oct 2013. This is my opinion not legal advice.

[Rohanadhikari]

When is your L1B expiring and when is your I-94 expiring? If you want to process a fresh h1 then H1 quota for current year is over, the next year quota will open only April 2013 and the earliest start date would be Oct 2013. This is my opinion not legal advice.

Thanks Raghavi for your help.

My Visa and I94 both are expired last month hence extension was filled in July. But since RFE has come, trying to evaluate if there is any legal way in worst case scenario.

Since H1 is full for this year, if my company decides to apply for GC, will that be legal stay going forward while RFE decision is penidng and later gets denied and GC application is submited.

Thanks again!

[raghvi]

Thanks Raghavi for your help.

My Visa and I94 both are expired last month hence extension was filled in July. But since RFE has come, trying to evaluate if there is any legal way in worst case scenario.

Since H1 is full for this year, if my company decides to apply for GC, will that be legal stay going forward while RFE decision is penidng and later gets denied and GC application is submited.

Thanks again!

Applying GC at this juncture is not going to grant you a legal stay. Even with a GC application submitted till GC is approved one needs to be in a valid and legal status to stay. Currently you cannot do a Change of Status to any other visa too as your I-94 has expired, the only way your stay is going to be legal from July onwards is if your extension decision results in an approval. This is the reason why USCIS allows one to file extension requests up to 6 Months in advance, filing extension requests at last moments is always fraught with risks because if the extension requests gets denied your stay past the I-94 expiry is considered illegal. I would suggets to reply to RFE immediately and also upgrade extension request to premium in order to get a speedy decision on your L1. If your extension is approved you are good, if denied you will have to leave immediately. This is my opinion not legal advice.

[Rohanadhikari]

Applying GC at this juncture is not going to grant you a legal stay. Even with a GC application submitted till GC is approved one needs to be in a valid and legal status to stay. Currently you cannot do a Change of Status to any other visa too as your I-94 has expired, the only way your stay is going to be legal from July onwards is if your extension decision results in an approval. This is the reason why USCIS allows one to file extension requests up to 6 Months in advance, filing extension requests at last moments is always fraught with risks because if the extension requests gets denied your stay past the I-94 expiry is considered illegal. I would suggets to reply to RFE immediately and also upgrade extension request to premium in order to get a speedy decision on your L1. If your extension is approved you are good, if denied you will have to leave immediately. This is my opinion not legal advice.

Thanks Again!