L1B to H1B COS Initial Review

[dantulurii]

Hi

 

Employer A applied for my L1b to H1B COS in April this year and it got picked up in lottery. During the time of filing COS application, my L1 was in RFE. My L1B (with employer B) was denied on Jun 25 2014.I left the country and came back on H4 visa as my spouse is on H1B. Since my L1B is no longer valid, I understand that my H1B can be approved as a consular processing without an i94 thereby requiring me to go to my home country for stamping. However my application is still showing in initial review state as of today. 

 

Question - Is it normal to have the H1b in initial review for such a long time or could there be some problem due to my L1b denial causing this delay? Or is it possible that they would start looking into the petition only after my L1B was denied?

[itemgadu2]

Hi

 

Employer A applied for my L1b to H1B COS in April this year and it got picked up in lottery. During the time of filing COS application, my L1 was in RFE. My L1B (with employer B) was denied on Jun 25 2014.I left the country and came back on H4 visa as my spouse is on H1B. Since my L1B is no longer valid, I understand that my H1B can be approved as a consular processing without an i94 thereby requiring me to go to my home country for stamping. However my application is still showing in initial review state as of today. 

 

Question - Is it normal to have the H1b in initial review for such a long time or could there be some problem due to my L1b denial causing this delay? Or is it possible that they would start looking into the petition only after my L1B was denied?

Its normal. Feel happy you didn't had any RFE..

[jairichi]

Hi

 

Employer A applied for my L1b to H1B COS in April this year and it got picked up in lottery. During the time of filing COS application, my L1 was in RFE. My L1B (with employer B) was denied on Jun 25 2014.I left the country and came back on H4 visa as my spouse is on H1B. Since my L1B is no longer valid, I understand that my H1B can be approved as a consular processing without an i94 thereby requiring me to go to my home country for stamping. However my application is still showing in initial review state as of today. 

 

Question - Is it normal to have the H1b in initial review for such a long time or could there be some problem due to my L1b denial causing this delay? Or is it possible that they would start looking into the petition only after my L1B was denied?

Yes, it is normal to be on initial review. For quick decision upgrade to PP.

[dantulurii]

Hello,

 

Quick Question -  my petition still shows as Initial Review. Does USCIS have to respond with a status update before October 1st (i.e either approval or RFE )?

[jairichi]

Hello,

 

Quick Question -  my petition still shows as Initial Review. Does USCIS have to respond with a status update before October 1st (i.e either approval or RFE )?

No.