L1 to H1 transfer – Overlap of L1 Extension & H1B applications - Last Action Rule – What are my options?

[rajanikar.d]

Current L1 Visa Details:

· Working on L1 visa for Employer A

· Current L1 expired on Sep 29^th 2012

· L1 Extension filed on Sep 20th 2012, prior to expiration. (Receipt Notice Date: Sep 20^th 2012)

· Got RFE on L1 Extension. Employer has not responded to RFE yet. It will be done prior to RFE deadline, January 11^th 2013.

H1B COS Application (non-premium) Details:

· I got H1B filed from Employer B (prior to expiration of L1)

· H1B application receipt date : May 8^th 2012

· H1B application still pending. Got an RFE on H1 as well. Filed the response to RFE on Nov 20^th 2012. Waiting for approval.

Questions:

1) Per my understanding, based on ‘Last Action Rule’, the application/petition that is approved later will determine my status. If my H-1 gets approved first, it would be best to have my L-1 employer withdraw the extension, so that it doesn’t get extended and move me back to L-1. If my H-1 gets approved first and if my L1-employer does not withdraw L1 Extension application, what are my options? How can I inform USCIS that I have resigned and do not intend to work with L1 employer any longer?

2) If my L1 extension is rejected while my H1B application is still pending, can I stay in US until my H1B is finalized?

3) If my H1b gets approved first and L1 extension is rejected later, will the H1B remain valid?