L1B Extension RFE and H1B approved

Hello Experts,

I have approved H1B petition which has I94 attached starting from 1-oct-2013 to next 3 years

My L1B I94 expires by 15-sep-2013 and L1B Extension is in progress and got RFE.

  1. is it legal to stay in USA after 194 expries on 15-sep 2013 and L1B extension is in progress(RFE)?

  2. If i dont respond to L1B RFE till 1-oct-2013 , can i start working in H1B from 1-oct-2013

  3. is my stay considered as legal between 15-sep -2013 to 30-sep 2013.

Please advice.

Thanks in advance



  1. You can stay for at most 240 days beyond I-94 expiration date unless your L-1 extension denial comes in before that.

  2. Yes. When is the RFE response deadline?

  3. Yes, it will be considered legal as you had a pending L-1 extension. This is called “period of stay authorized by the Attorney General”