need help on my L1b to H1B COS question


My L1B Visa and I-94 expired on Feb 15th 2013 and my company applied for Extension. I got RFE and my company is in process of responding to that RFE. Mean while though a consulting company applied for H1B and got selected in lottery.

My question is if my L1B extension get rejected and later if my H1B gets approved, is H1B still valid? Can i travel back to US in Oct 2013 after getting H1B stamped?

thank you

Yes, H-1 will still be valid. However, you should leave US if L-1 extension gets denied as your H-1 cannot start until Oct 1 (and that too if approved w/ COS). You can return after getting H-1 visa stamped.

thank you Saurabh.

Does it matter whether if my L1 approval come first or H1B approval comes first? reason i am asking if H1b approval comes first and L1b gets rejected, does H1B still valid.

Denial of one doesn’t impact the status of the other. So H-1 would remain approved if L-1 gets denied.