Legal Question in Immigration Law in California

My company already had an L1 blanket approval, they filed a petition for me on L1A visa few weeks back when I was in US with change of status requirement. however because of miscommunication I left US next the petition was filed as my permitted stay on B1/B2 was over. Further we received an RFE asking about more detailed JOB Description, Organization Chart and also stating that I hvae left US the next day after the petition was filed as per the USCIS records and now they have asked to submit the same in consular processing.

I wanted to know if this will create any problem in my L1 approval. Also, my application was submitted in Premium Processing want to know how much time will the USCIS take after replying to RFE.


Asked on 10/15/12, 10:38 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

The I-129 petition must be approved before your visa can be issued abroad anyway. However, if the I-129 shows a "change of status", then the Consulate will not receive electronic notification, which could delay processing of your visa, after your interview with the Consulate. I would notify the premium processing unit of your departure and request notification to the Consulate abroad.

USCIS has 2 weeks to adjudicate your RFE response if you premium processed.

Your departure should not affect the adjudication of the I-129 otherwise.

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Answered on 10/15/12, 11:07 am


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