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Immigration Issues/Way To Avoid RFE for H1B This Year

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Question
Hello there,

I am Ashish Bajpai currently working with Tech Mahindra (Americas) Inc for the past 2 year and have worked with TechMahindra India LTD for the past 5 years. I have been deputed to onsite at USA by Tech Mahindra India in 2011 on L1B.
On 15th Dec 2013 my L1B visa got expired as my I-94 is valid till 17th Aug 2014 so I am staying currently in USA with my valid I-94. Now this year my employer is filing my H1B for 2015 with Change of Status in order to meet 2 months gap from Aug 2014 till Oct 2014 they advise me they need to file my L1/I-94 extension in July 2014 so if things go good my H1B would be valid from Oct 2014 subject to if cleared from lottery. My worry is USCIS must impose RFE on my H1B application as they must ask how will I manage to stay here from Aug to Oct 2014.

Pls. advise what shell I do whether I advise my employer to file my H1B in consulate processing or they need to file my H1B with COS in Premium category in order to avoid RFE processing, in case my H1B RFE processing extends beyond Oct 2014 and during processing I need to go back to India will they reject my H1B application?

Also Pls. advise if applying H1B in consulate processing can I stay in USA till July 2014 and can go back to India and reenter in USA with having H1B stamped.

Many Thanks,
Ashish

Answer
Hi,

Since the employer is filing the L1B extension which will authorize your stay beyond October 01 (when H1B status is going to take effect), it is OK if there is an RFE prior to approval of the H1B petition. Your employer will respond to the RFE by attaching evidence of your continued L1B status. If you work in cooperation with your employer, it should be OK and your H1B petition should be approved if selected in the visa cap lottery.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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