Urgent - L1B Extension RFE and H1B COS Approved

[vasu_m6]

1. My I-94 has expired on 3^rd May 2013 and my current employer-A has filed L1B extension (EAC-1315XXXXXX) on 2^nd May 2013 for which an RFE is issued and has to be responded by 28^th Sep 2013.

 

2. Meanwhile employer-B has filed my H1B petition (EAC-1321XXXXXX) as a COS outside CAP as I already have a approved H1B (EAC-0715XXXXXX) under 2008 CAP which is not used for complete 6 Years.

 

3. The above filed H1B petition (EAC-1321XXXXXX) got approved as COS from L1B to H1B with a start date of 10^th Sep 2013.

 

4. My current employer-A has also filed my H1B petition under 2014 CAP (EAC-1314XXXXXX) and got approved as COS from L1B to H1B with a start date of 1^st Oct 2013.

 

5. I understand that after COS from L1B to H1B, L1B status is lost and one should not work for L1B employer.

 

6. But in my situation as stated above where an RFE is issued for L1B extension, do my status is legal from May 3^rd 2013 to 10^th Sep 2013 and can I start working for employer-B on their H1B petition legally from 10^th Sep 2013?

 

7. If above case is true then what should I do with the in process RFE issued L1B extension petition? Do I ask my current employer-A to with draw L1B extension petition without responding to RFE? And what happens if employer-A deny to with draw my L1B petition?

 

8. If step 6 is not true then what are the options I have to continue working in USA legally, without going back to India for stamping, because of my current family situation going to India is not feasible.

 

I would be very thankful if someone can please kindly answer my concerns at the earliest.

[jairichi]

1. My I-94 has expired on 3^rd May 2013 and my current employer-A has filed L1B extension (EAC-1315XXXXXX) on 2^nd May 2013 for which an RFE is issued and has to be responded by 28^th Sep 2013.

 

2. Meanwhile employer-B has filed my H1B petition (EAC-1321XXXXXX) as a COS outside CAP as I already have a approved H1B (EAC-0715XXXXXX) under 2008 CAP which is not used for complete 6 Years.

 

3. The above filed H1B petition (EAC-1321XXXXXX) got approved as COS from L1B to H1B with a start date of 10^th Sep 2013.

 

4. My current employer-A has also filed my H1B petition under 2014 CAP (EAC-1314XXXXXX) and got approved as COS from L1B to H1B with a start date of 1^st Oct 2013.

 

5. I understand that after COS from L1B to H1B, L1B status is lost and one should not work for L1B employer.

 

6. But in my situation as stated above where an RFE is issued for L1B extension, do my status is legal from May 3^rd 2013 to 10^th Sep 2013 and can I start working for employer-B on their H1B petition legally from 10^th Sep 2013?

 

7. If above case is true then what should I do with the in process RFE issued L1B extension petition? Do I ask my current employer-A to with draw L1B extension petition without responding to RFE? And what happens if employer-A deny to with draw my L1B petition?

 

8. If step 6 is not true then what are the options I have to continue working in USA legally, without going back to India for stamping, because of my current family situation going to India is not feasible.

 

I would be very thankful if someone can please kindly answer my concerns at the earliest.

Yes, you can start to work for your employer B from Sept 10th 2013. If your employer A does not respond to RFE for your L1B extension then USCIS would deny extension. Once you resign from employer A he can not process your L1B extension.

[vasu_m6]

Thanks for the clarification.