L1A active and H1B RFE is in progress


mrr1975

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Hi Friends,

This is my scenario. I have an active L1A petition and currently working for Company A in USA. This is valid till oct 2016 and I still have 3 more years before max out.

Meanwhile, I did apply for H1B in 2015 quota and my application was selected in lottery. However, I had to go outside USA during July 2015 and came back by aug 2015 back to USA on same L1A.

Also, my H1B went into RFE and the the status still remains as on Feb 2016 as RFE is being worked by service center based on the receipt number.

 

Now, my questions are:

 

1. If my H1B gets approved, Will my L1A become inactive immediately or is it okay i continue on L1A for some time? if yes, what is the maximum time I can be on L1A after H1 is approved?

2. If my H1B gets approved, Should I move to H1B immediately or any paperwork should be done because, I moved out of USA after the application is done in Apr 2015.

3. If I continue on L1A and my copmany A starts GC processing on EB1, will there be any problem if H1B is still active at that time?

4. Is some much delay on H1B application done on Apr 2015 usual or normal?

 

Thanks in advance

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Hi Rohang,

Thanks for thsoe responses. However, I had few questions on the replies though.

 

) Immediately, as its a COS. (no grace period). -- <<mrr1975 -- I was told by my H1B sponsor that sicne I had elft to India while H1B was being processed. the shifting date from L1A to H1-B will not be immediate. He also mentioned that another paperwork will be required since I stepped outside USA after the H1B application processing started in april 2015.>>

2) You will have to ask lawyer about it.

3) read 1)

4) when was RFE response sent? <<Mrr1975 -- RFE response was sent on 06-Nov-2015 and uscis has this same update and no futher progress on approval even till today..>>

 

Thanks

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Thanks Rohang. I dont want to expedite the H1B now. there is a chance that my current L1 employer might apply GC for me. So, I want to wait and see if that happens. 

My only confusion now is, if my H1B gets approved in next few months, I am not ready to move. I want to be with current employer and take chances of GC with them.

Thanks for your inputs.

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Yes, I will have to try taht option.

Also, I have a question regarding this below. 

 

1) if its COS then its immediate, if its CP then it is not.

 

If my case is COS, is there a way to change to CP? I want to pursue that option so that I do not lose the H1B application and go with it If at all there is a need to shift to H1B.

 

TIA

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i dont think so, since you are already in USA it will most likely be a COS.

 

this is not a silver bullet -> One way of getting CP is go out of US and come back with L1 while your h1b is still in process. I have seen in many cases when beneficiary leaves country and comes back during process , results into CP.

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  • 1 month later...

Hi Rohang,

 

I have a similar situation as mrr1975. Please help top clarify.

I am in US on L1A with company X and is valid till 2018.

Now i have found an h1 sponsor company Y to file my h1b petition.

Lets say my petition is selected in this year's lottery and my current employer Company X decides to process my GC, then I would want to continue in my L1A even after Oct because my GC gets processed.

 

A) is there a way to withdraw my H1B petition even though it was selected in lottery?

B) in one of your replies to mrr1975, you said if it is cp then it is possible. so where do we mention it as CP while filing my petition? 

 

Thanks in advance.

 

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Hi Rohang,

 

I have a similar situation as mrr1975. Please help top clarify.

I am in US on L1A with company X and is valid till 2018.

Now i have found an h1 sponsor company Y to file my h1b petition.

Lets say my petition is selected in this year's lottery and current my current employer Company X decides to process my GC, then I would want to continue in my L1A even after Oct as I am getting GC processed.

 

A) is there a way to withdraw my H1B petition even though it was selected in lottery?

B) in one of your replies to mrr1975, you said if it is cp then it is possible. so where do we mention it as CP while filing my petition? 

 

Thanks in advance.

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