kumar1212 Posted May 31, 2014 Report Share Posted May 31, 2014 Working for a company A on L1B (Visa expired,I-94 valid till 10 August 2014). Company B applied H-1B with cos ,picked in lottery. Received RFE. Company B applied H-1B with COS thinking Company A will apply for L1B extension. Company A is not applying for extension and i want to go back and get H1b stamped on approval. RFE - USCIS is asking about the stay beyond Aug & Sep14. I want to go back and get H1b stamped on approval. What should be the ideal reply to USCIS. Link to comment
JoeF Posted May 31, 2014 Report Share Posted May 31, 2014 The ideal replay, indeed the ONLY reply, is the truth. If you don't have a valid status until Oct. 1, you need to leave the country and the H1 should be changed to not request COS. Link to comment
jairichi Posted May 31, 2014 Report Share Posted May 31, 2014 Working for a company A on L1B (Visa expired,I-94 valid till 10 August 2014). Company B applied H-1B with cos ,picked in lottery. Received RFE. Company B applied H-1B with COS thinking Company A will apply for L1B extension. Company A is not applying for extension and i want to go back and get H1b stamped on approval. RFE - USCIS is asking about the stay beyond Aug & Sep14. I want to go back and get H1b stamped on approval. What should be the ideal reply to USCIS. Consular processing requested. Link to comment
kumar1212 Posted June 1, 2014 Author Report Share Posted June 1, 2014 Working for a company A on L1B (Visa expired,I-94 valid till 10 August 2014). Company B applied H-1B with cos ,picked in lottery. Received RFE. Company B applied H-1B with COS thinking Company A will apply for L1B extension. Company A is not applying for extension and i want to go back and get H1b stamped on approval. RFE - USCIS is asking about the stay beyond Aug & Sep14. I want to go back and get H1b stamped on approval. What should be the ideal reply to USCIS. 1.Does any amendment is required COS to CP. 2.Attroney should reply to rfe as - On approval employee would return and get stamped. 3.Will this be approved as H1B approved w/O cos Link to comment
kumar1212 Posted June 2, 2014 Author Report Share Posted June 2, 2014 thank you for the response...bit relief i assume there is no cos to cp required? Will this be approved as H1B approved w/o cos Link to comment
jairichi Posted June 2, 2014 Report Share Posted June 2, 2014 thank you for the response...bit relief i assume there is no cos to cp required? Will this be approved as H1B approved w/o cos As JoeF pointed out since you will not be able to justify your stay beyond I94 expiry your H1B petition might get approved with out COS (i.e. with out I94 attached to I797) Link to comment
kumar1212 Posted June 28, 2014 Author Report Share Posted June 28, 2014 Attorney replied on 6 june14.......applicant will go back to home country on or before I-94 valid date 10 August 2014..... Status changed to query review in 4 days. 27 June14 - uscis status changed to post decision - Approved Link to comment
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