L1 Blanket EXTN RFE

[hisuru]

Hi,

I am in US since last 2.5 years on L1 Blanket visa. Since my visa and I-94 is going to expire next month, I have applied for an extention through my company. However, I received an RFE on my extention asking about my specific specialized knowledge. I am going to respond to the RFE as soon as possible. Also, I am having a consultency intersted in filing H1 for me.

1) Can I go ahead and apply for my H1 while my L1 extn RFE decision is pending in parallel or do I need to wait for the L1 extn result to come back from USCIS?

2) If I start the H1 processing after I receive a reject on my L1 extn, would it impact the H1 processing?

3) Can I apply for the H1 after I recive the L1 extn rejection by staying in US only or I need to go back to India?

4) If I apply both the visas in parallel What is the impact of H1 approval when the L1 RFE is is in pending?

Please answer each question separately as soon as possible. This is Urgent since I have to respond to RFE. Quick response would be highly appriciated.

[hisuru]

Could somebody please reply to this question?

[keerthi07]

1. Yes u can do parallel processing.u need not wait for RFE result.mostly L1 RFE wont affect H1 processing.

2. some time u may receive similar type of RFE which u got now on L1 status.

3.not sure abt ths..

contact ur attorney

[Attorney_23]

Ordinarily, a nonimmigrant is permitted to have multiple petitions pending at the same time. However, depending upon how the petitions are filed, it very well may have a detrimental impact on the person's status.

For example, if the H1B petition if filed as a change of status, and the H1B petition is approved after the L-1 extension is approved, the alien may be forced to either change to the H1B employer or else leave the U.S. and reenter on the L-1 visa.

I would recommend you consult with an experienced immigration attorney before you file a petition while the L-1 is pending.