Immigration Issues/L-1B RFE and Applied for COS to H1B
QUESTION: Hi Ajay,
My Name is Kumar, Currently working on L-1B Visa in USA For Company A.
My L-1B visa and I-94 Got Expired on February 10th, 2013.
Before that on February 4th,2013 we applied for L-1B extension.
On March 15th,2013 we received RFE on L-1B about specilized knowledge.
On April 1st,2013 Company B applied H1B(2013) and got selected in Random process(lottery).
Company B Applied L1-B to H1b with COS using I-797C L-1B Extension Document.
On June 14th Company A Submitted RFE Response for L-1B Extension.
Almost 70 Days over and there is no case updates, its showing RFE Response Review for L-1B
And H1B Showing Initial Review.
My Questions are.
Will My H1B get Approval with pending L-1B Extension .
If H1B Approved and L-1B Denied after October 1st, The Last Action Rule will take a place? That means again I will go to H1B to L-1B? and leave the country immediately.?
If L-1B Approved after that H1B approved before October 1st , then I can work for H1b Company?
How many Day will take to get result for L-1B RFE's
Please respond to my questions.
ANSWER: Dear Kumar:
Your situation seem a little complicated. Firstly, one may not be granted two different non-immigrant status at the same time. My understanding is that when Co. B applied for H1B and the case was selected the L1B should have been withdrawn. I would say,
1) May be not (can not have two non-immigrant status at the same time.) But sometimes USCIS makes mistake and process both petitions; in such situation it is advisable to immediately seek withdrawal of one not desired.
2) Please see above response.
---------- FOLLOW-UP ----------
QUESTION: Thanks Ajay for quick response.
Here Company A and Company B are both Different entities.
Company A Applied for L-1B Extension which is in pending.
Company B Applied for H1B(COS) starting from October 1st 2013 fiscal year.
If both(H1&L1B) gets approved Before October 1st then I will join to Company B from October first, and resign Company A.(I have to check with them to withdraw L-1B petition).
If H1B gets approved before october 1st 2013,and L-1B denied after October 1st then I will out of status again?(As per Last Action Rule).
how many days USCIS will take for RFE Deceison on L-1B?(Alomost 2 months over).
Could you please reply the above answers..
My understanding is that you have an attorney looking after your case; it is advisable to follow your attorneys instructions and advise especially on matters concerning RFE's because it is your attorney who is in a much better position with knowledge of what is requested and what has been submitted. However, as requested please note that response to RFE's may take 3-8 months depending on the nature of RFE.
As for approval first and denial later - you would have an option to withdraw the other once one is approved.