H1B raised as COS : Leaving US, Can this be changed to regular processing

Hi ,

I live in US on an L1B Visa. The L1B visa and I-94 has been expired and had applied for an extension which is in RFE status .I had applied H1B through COS thorugh a consultant and its also right now in RFE status.

Case 1 : Consider my H1B gets approved and if my L1B extension gets approved after that. Will this have any affect on my H1B?

Case 2 : If my L1B extension gets denied first, I will not be able to prove my COS and I got to leave US. Is there any way, my attorney can apply something and change my petion to normal processing so that it does not gets denied since I cannot prove my COS and have to leave US.

Thanks a lot for your help.

  1. Your status will become L-1 if this happens after Oct 1. You will have to enter on stamped H-1 visa or file COS from L-1 to H-1

  2. USCIS would issue RFE asking for proof of L-1 extension approval. At that point, they can mention that extension was denied and that you have left US. USCIS will then process it w/ consular processing.

Thanks Saurabh.