Hi Guys…need some help with my situation.
My L1B I94 expired on June 2015. Before that L1B extension was applied. Also my H1B was applied by same employer and it was picked up in lottery and then H1B COS was applied.
My H1B COS was applied before my L1B I94 expired. Recently I got H1B RFE for which its submitted and also I got L1B RFE for which the due date to reply back I got is 22 Oct.
Now, my question for different scenarios are:
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If suppose my H1B COS gets accepted and after few days my L1B extension gets denied, will I still be able to continue to stay and work in USA on my new H1B COS status even my L1B extension gets denied?
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If my L1B extension gets denied first I will still be able to stay in USA as my H1B COS application is still pending…so if my L1B extension gets denied first and after that my H1B COS gets approved, will I be able continue to stay and work in USA with my new H1B COS.
3)What if my H1B COS gets approved and after few days my L1B extension also gets approved…then in what status I will be working legally? H1B or L1B? If I just want to stay and work with my H1B status what should I do? Do I need to exit USA and come back to US by H1B visa stamping
Thanks and Regards,
Abhishek
- If suppose my H1B COS gets accepted and after few days my L1B extension gets denied, will I still be able to continue to stay and work in USA on my new H1B COS status even my L1B extension gets denied? - If your H1B COS gets approved after 1st october 2015 while L1B extension is still under progress, then you automatically move to H1 status starting from 1st Oct. and hence you can continue to work.2) If my L1B extension gets denied first I will still be able to stay in USA as my H1B COS application is still pending…so if my L1B extension gets denied first and after that my H1B COS gets approved, will I be able continue to stay and work in USA with my new H1B COS. - If L1B gets denies first then you should leave US and come back with a stamped H1 on or after 1st October.3)What if my H1B COS gets approved and after few days my L1B extension also gets approved…then in what status I will be working legally? H1B or L1B? If I just want to stay and work with my H1B status what should I do? Do I need to exit USA and come back to US by H1B visa stamping - You need to search for Last action rule on google. Basically to give you a gist, whatever the last action is taken on your case will be your status. So in this case if H1B cos is approved first followed by L1B approval, it will override your H1 status with L1 status and you would need to go back and come back with a stamped H1B status if you want to continue to be on H1.
Your situation is very complicated it is better to consult your employer’s attorney.
Thanks Ankit for your help