L1b to H1 COS got denied.My attorney planning to lawsuit.

My L1b to H1 COS got denied. My attorney told me that we can apply for a lawsuit to get it back. Will I get my H1 if I lawsuit the USCIS? Please let me know.

My L1 is valid until 13Sep13. If it is better to apply H1 as new then would I need to file my l1ext to bridge the gap.


They cannot sue USCIS for the denial. They have 2 options - either file an appeal or file MTR (motion to re-open). It needs to be done within 30 days and can take months to process.

If your employer is confident about the reversal and feels the denial was on incorrect grounds, then they can go ahead w/ this. Otherwise, it is better to rely on new petition through this or different employer.

If you rely on new petition, then you will have to file L-1 extension to bridge the gap, or leave US and then return after getting H-1 visa stamped.

There is a option of Federal Sue but again if your employer is confident that deniel reason was not correct then only take that route also filing appeal or MTR isnt helpful unless it is clear mistake on USCIS side plus takes months for decision. A new petition is usually best option ( even better if its with new Employer) Consult with another lawyer as well (not your company lawyer) to get more ways to handle this.