L1 RFE applying for H1

[dmanon]

Hi,

I have a peculiar situation where my L1A visa expired in July 2011 but my I-94 is valid until Dec 20 2011. My company filed for my L1A extension but I received an RFE on that. I need to respond to the RFE by Dec 1st week. Meanwhile I am also looking to get converted to H1 and I have found an employer who is willing to file H1. My questions are:

1. With pending L1A extension, can my H1 be processed?

2. Will I need to go out of US to get the H1 it stamped first?

Any response will be appreciated.

Thanks,

dmanon.

[livliv]

Since your I-94 has not expired, if H1 is filed before that it will be approved with change of status. You will not need to leave the US just for the sake of changing status.

However, once change of status gets approved, you cannot work for the L1 employer after H1 effective date and you must work for the H1 employer after H1 effective date. You cannot work for the H1 employer before the H1 effective date.

[dmanon]

Thanks a lot livliv. Appreciate yor time.

Does it mean that the L1A RFE would have no implication on the H1 filing process?

Since i am planning to respond to the L1A RFE, what happens if the H1 is filed and is approved and later my L1 is denied?

Just FYI, my RFE is regarding the managerial role, discretionary duties in my current assignment.

Thanks.

[livliv]

L1 petition will not have any effect because your I-94 has not expired and H1 petition needs to be filed before I-94 expires.

Your status is determined by the latest I-94, obtained at POE or obtained with an approved petition. If the last I-94 is H1 your status is H1, if last approval is L1, your status is L1. L1 denial will be immaterial if H1 is approved with change of status.

[sivad]

I am also in L1b and doing my H1b with change of status

Direct Answers to your queries

1) Yes , your H1b be can be proceed.

2) when you do change of status you will get a new I-94 for H1b and which will be your final or latest I-94 , though your L1b gets approved even after H1b I94 is issued...change of status can be filed with the L1b receipt number.