It completes Question# 13 since I could not edit my original post:
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Hi Rajiv,
Thanks for your service and helping the community.
I am on L1A and my wife is on L2. My wife got the job offer through consultancy and they applied H1B for her, which got RFE. Meanwhile she needed to travel to India for family emergency and came back again on L2 after re-stamping (My L1B was expired and I got L1A conversion when I was in US). She came back on Dec 2013. Then Jan 2014 her H1B petition was approved (USCIS website still says approved) but when we check with employer, he told along with approval, he got denial notice as she traveled to out of USA and status change had been denied. He never shared petition with us until last week.
When we got petition copy . It says approved until Oct 2016 but change of status denial due to travelling outside US; and applicant needs to go out of US and apply for H1 for same consulate as per petition (Chennai) and request entry at Port on H1B. It also stats they are sending another notice, which explains reason for denial.
When I read another notice which has reason, it looks more like denial (due to travel outside US). Meanwhile my wife has L2 EAD and she is working on that with different employer.
My question:
1. Is her H1B is still valid and petition can be used to activate H1B/ change of status and How (her H1B petition got Approved in Jan 2014 and Valid until Oct 2016)?
2. If we can use her H1B petition, does she needs to go out of US to get it activated or she can start working on H1B while in US itself (with the same employer who filed H1B)
3. I was project manager in India for more than 1 year, but I came on L1B for this project. After 3 years on L1B, my company has applied for L1A conversion and which was approved in Nov 2013. Then I went to India for 1 month vacation and came back with L1A stamping; since then I am working on L1A. For green card, my company visa/GC department telling, you have to come in US on L1A on the 1st place (L1B to L1A cases are not eligible for EB1 GC). Though I came on L1B, I was managing the team before that.
Is it true that only if initial petition was for L1A (with one year managerial experience immediately prior to coming to US), then only company can file GC of EB1 or entering in US on L1B (later converted to L1A) is fine with 1 year managerial experience out of US.
Thanks for your help,
Deep
