L1B COS H1B; Impact on H1B Petition in case of I-94 Extn Denaial

USA H1B Visa
1

Hello,

Greetings!



I am currently in US on [b]L1B.[/b]  We have applied for I-94 extension and received RFE notice from USCIS two weeks (2/13) ago and is due for our response.



In spite of this, my company is filing for [b]CoS to H1B[/b] now. Highly appreciate your clarification on vagueness of the case –



Presuming that the final outcome of the extension will be out by around 1st week of April' 2013 –



                Case -1: Extension Request is ‘approved’. No issues I this case.



                Case-2: Extension Request is ‘Denied’;  I will have to travel back to India.



                Subsequently, CoS from L1B-to-H1B would be no more in question, Since     L1B itself got obsolete and wouldn’t exist (it's just my guess...may be wrong). 



In this case, please clarify – petition for ‘[b]COS to H1B’[/b] is still as good as fresh H1B? Or would that be rejected since current status is denied.

Thanks in advnce.
2

Yes you are right in your understanding. And yes there are chances that the COS may get denied or an RFE may be issued for you to prove your legal status during the process. It may also happen that the underlying petition is approved without COS and you may be asked to appear in consular preocessing. In any case you would need to leave the country get the visa stamp and return back if extension is denied.