L1 to H1 COS - L1 I-94 Expiring

USA H1B Visa
1

Hi guys,I am in a very weird condition. I am currently in USA on L1 visa. L1 visa expired in Aug’14 and L1 I-94 is expiring on 12-24-2105. My company filed an L1 to H1 COS this year and it was selected in the lottery.

The current status of my H1-B visa application on USCIS site says - “Response To USCIS’ Request For Evidence Was Received”.

Can you please let me know what happens if there is no decision on my H1-B application by the time my L1 visa I-94 expires. Will I be out of status? Do I need to leave US or I can continue staying based on the L1 to H1 COS decision pending.

Please advise.

2

You need to stop working on L-1 once its I-94 expires.

You can stay for up to 240 days inside US waiting for H-1 approval w/ COS.

You have couple of options:

  1. Have employer file L-1 extension so that you can continue to work on L-1 even after 24 Dec. Once H-1 gets approved, this L-1 extension can be withdrawn so that you can continue to work on H-1.

  2. Have the H-1 petition upgraded to PP, so that you can get a decision before your current I-94 expires.

3

Thanks Saurabh for your response. I will talk to my employer regarding the PP option.

I had one question - When you say that I can stay for up to 240 days inside US waiting for H-1 approval w/ COS, do you mean that I can continue staying in the US based on the fact that a decision is pending on my L1 to H1 COS application and not work?

4

Yes, that is what I meant. If L-1 extension is filed, then you can continue to work but if no L-1 extension is filed and only petition in play is COS to H-1, then you cannot work.