COS from L1B to H1B with the same company, L1B ext applied

I am working for a company with L1B visa which got expired on March 28, 2013. I have applied for an L1B extension and I got an RFE on the extension. And my employer has applied for a COS from L1B to H1B even without knowing the status of my extension process.

So please advise,

  1. Whether I can apply for the COS even without getting to know the status of my L1B extension?

  2. In case if my L1B extension gets rejected and in the mean while if i gets the COS for H1B approval, can i stay over here with the staus of the New H1B?

  3. What is going to happen in case if my L1B extension gets rejected?



When does your I-94 expire? How many years have you spent in US in last 6 years?

My I94 got expired on 28 March 2013. And totally I have spent around 2 years in US.

If your extension is rejected, you have to go back and if H1 is approved you can come back after Oct 1, 2013.

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