I 94 expired, L1B extension under process, how to apply H1


My l1 b visa expired in 2011, I 94 is expiring on Feb 8 2014. L1B extension has been applied. Can I apply for H1 in April 2014 quota while staying in USA? If yes, what should be the process. Also, my passport is expiring by Nov end 2014.

Please suggest the best options to me asap.

Passport expiry matters only for stamping and travel.

you can apply for H1B, shouldn’t be a problem. Check with your attorney if its a COS/Consular Processing.

Thanks, my other concern is after apply for H1 in April, if L1B extension gets rejected in May-June, I will need to go back to India and will come back on H4(my husband has H1). In that case, does the COS still remains valid. My attorney says they can file an amendment saying that current visa status is H4 and not L1B. Can you please confirm?

I am not an attorney, if they say it, that should be it. Here are the basic rules: (atleast from what happened to my case)

  1. If L1B extn gets an RFE, USCIS will hold the processing of H1B(I think on all other visas applied by same candidate).
  2. H1B process will resume after your attorney withdraws L1B petition or USCIS adjudicates (either reject/approve.)
  3. If L1B extn gets rejected, there will be a tentative date given to you to leave the country. What I am not sure is, if H4 or H1B can be finished before that, you can stay or not. I believe your attorney says you can by giving an explanation to them.