L1 B Extention in RFE and want to file H1B


My L1B expiring on March 31 and extention is in RFE. I am planning to apply for H1 B.

  1. If I get my H1 B first followed by L1B, will I be able to work on my L1 B till September and switch to H1 B from October onwards?

  2. My new employer told me that they will file the Change of Status for my H1 B. In this situation incase if my L1 B reject before October 1st do I need to leave the country? If yes can I go for my H1 B Stamping in India and come back?


  1. Yes, as long as both are approved w/ respective I-94s prior to Oct 1. If L-1 is approved after Oct 1, then you will be on L-1 status even after Oct 1.

  2. Yes, you will have to leave US if L-1 extension is denied. You can go for H-1 stamping and return to work on H-1.