L1 - to H1 - Change of Status when respond to RFE

Hi Saurabh,

I am currently in L1A and applied for H1(consular processing) and got an RFE and now my new employer is asking to respond the RFE with the Change of Status.

Suppose if it gets rejected should I leave US or can continue in L1A

Please respond

If rejected, you can continue to stay and work on L-1A until your current I-94 expiration date.

Thanks Saurabh,

Do you mean to say if it is applied with COS while responding to RFE and if it gets rejected (in COS) still I can stay in L1 until expiration of I94 for L1?

Please clarify

I don’t think the employer can change it from consular processing to COS when responding to the RFE. That selection needs to be made prior to filing the petition (in I-129) and cannot be changed during RFE submission.

Assuming your COS gets filed then also you can continue to work until L-1 I-94 expiration date in case it gets denied. Rejection of COS doesn’t impact existing visa status.