Complex L1A Issue

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I have got complex L1A issue. Here is story:

- Came on B1/B2 Visa 3 years ago

- Change of Status to L1A end of 6 months I-94

- Attempted to leave company at end of 1 year but H1B got rejected.

- Ended up staying with company

- L1A was subsequently renewed for 2 additional years

- My family subsequently came on L2 visa in those two eyars

- End of expiration of L1A, we applied for renewal/extension about 6 months ago

- Our L1A status expired in December 2011, but our L1A renewal/extension was pending.

- We recently got extensive RFE requesting several documents, including list of all employees and their pay

- Employer do not want to continue my employment and do not want to respond to RFE.

What are my options if I want to stay in US?

- Am I out of status since December 2011?

- Am I able to Change my Status to H1B if I find different employer?

- Am I essentially out of status?

- Even if I get H1B approved? Do I have to go back to India?

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