L1 to H1 COS

[ashwinkhai]

Hi,

My company filed L1 to H1 COS. My L1 expires on April 19 2012. My H1B visa was filed back in November 2011. I recieved RFE on Feb first week. The RFE Response was filed under PREMIUM on March 19.

1. What other option will I have to stay in US (either working or as my spouse's dependent) if in worst case my COS is rejected?

2. Can my employer file my L1 extension if my L1 to H1 COS is denied?

Thanks in advance to all..

[kalyan_ac]

You can file for H4 as a dependent to your spouse and yes your company can file for a L1 extension before April 19 2012.

[ashwinkhai]

Thank you for the response.

I was in my H4 earlier. My H4 was extended along with my spouses's back in 2010. The new I-94 for H4 was till Sep 2013. But my company gave me an offer to work here in my L1 (which I already had). I exit out of country and re-entered to US with new I-94 for L1 (which is my current status).

So my point is I had H4 Approval with I-94. So can I anyway reactivate that H4 so that I don't have to exit US.

[livliv]

If your latest I-94 (L1) has expired at the time H1 denial is received, you will have to leave the US. You can return with an H4 Visa without any problem.

If I-94 has not expired at that time, you can file for change of status to H4. You must of course be maintaining L1 status by working at that time.

[ashwinkhai]

Thank you all for your responses.

So does this mean that If I file my L1 to H4 COS before my L1 Expires (on April 19), can I stay in US until I get a response from USCIS (even after April 19)

[ashwinkhai]

Hi All,

I haven't yet recieved a status for my L1 to H1 COS. It was filed in premium when RFE Response was filed on March 19. Today is the last day I should get the response. Could you please advice on what I should do now?

Also my L1 visa/I-94 expires on April 19 2012. COuld you please tell me whether I can stay in US if I file my L1 to H4 COS (in case my H1 gets denied), even though L1 to H4 COS is not approved by April 19?

[livliv]

Generally there is a 1 to 2 weeks delay between sending the premium form and USCIS accepting it (starting the 15 day clock). So there should be a decision before Apr 19 unless there is another RFE. The pending H1 petition itself allows you to stay beyond the I-94 date.

Having two status related applications at the same time is not recommended. It will create complications if both are approved.

[ashwinkhai]

Thanks for taking time to respond.

But as per USCIS status, they have recieved the RFE Response on March 19

[livliv]

Your employer or their lawyer should give USCIS a call.

[ashwinkhai]

I followed up with my employer and attorney. I got an e-mail from USCIS Case Status update on April 5th that my case has been filed as Premium. My Status went back to "Initial Reivew" on April 5 evening. On April 6th morning, the case changed to "Acceptance" status.

Could this be an error from USCIS that my case was not considered premium from March 20 to April 5th? If it is a USCIS error can my attorney ask USCIS to get this fixed? My L1 visa expires on April 20 2012. I have done everything I can starting May 2011 foreseeing such a situation.

[livliv]

You can eFile change of status (I-539) on your I-94 expiry date in order to be safe. eFiling gives a few weeks window for sending supporting documents. If L1 gets approved, don't send the supporting documents so that I-539 will be denied or send a letter withdrawing the I-539. If L1 is denied send the supporting documents to change to H4.

[goomail]

ashwinkhai,

your lawyer can contact USCIS to find out what is going on with your application.

Also, it is NOT advisable to file multiple petitions in the same time with USCIS.