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L1B Extension RFE and New H1

Minneapolis, MN |

My L1B is expiring on sep 20th 2013. I filed for my extension and its in RFE. Another employer has filed my H1 this year and its in initial review. Since my l1 extension has landed in RFE will it affect my new H1 application that is also being processed in parallel

Attorney Answers 3

Posted

The last approved application will stick. I hope both of your employers are informed of the double game.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

Two different visas, two different processes. However, for USCIS to change your status to H-1B, you must be in valid status on September 30.

Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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2 comments

Asker

Posted

does the decision on H1B approval depends on this L1 RFE ? To what i learn each application is adjudicated differently based on candidates profile and not based on other visa's he has. correct me if am wrong

J Charles Ferrari

J Charles Ferrari

Posted

for USCIS to change your status to H-1B, you must be in valid status on September 30.

Posted

First of all 'you' didn't file anything ... the company that owns the L filed for an extension.

Hopefully the company that filed for the H, which they will 'own' .. didn't ask for a change of status.

You need to meet with a private lawyer to make sure that these 'dueling' papers don't end up with you having no visa.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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