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Immigration Issues/L1 to H1 Transfer - i129 RFE



My employer company B has submitted my I-129 (L1 to H1 transfer) petition on 1st April 2008. I left US on March 3rd week of 2008(but still i hold a valid L1 visa from company A).

I have received an RFE asking for the following information

"Provide evidence to establish that the benificary was in a valid nonimmigrant status at the time the present petition was filed"

what would be the decision on my case? Have any one been in a similar situation?



Since you left the US during the time the change of status application was pending, it is considered as abandonment. Even if approved mistakenly by the USCIS, you should not rely on the approval. You need to consult with your employer's attorney on this matter. So it would not matter if the RFE requests proof of status.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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