On L1 B Currently with RFE... H1B approved..Regarding Stay.


I am currently on L1B visa which got expired on Feb 6th 2013 along with I94.

I applied for extension and i got an RFE. I am yet to submit my RFE documents which is by May 23rd. If i submit my documents on May 23rd, i may get Approval/Rejection of my current L1B by June end.

In the mean while, i applied for H1B 2014 cap visa through an employer in premium proessing and it got approved. But i am assuming, i cannot work before Oct 1st on it.

a) Is there way i can stay in US for three months (july, Aug, Sep) with out working, in case my L1 extension rejects?

b)Is there an exempt like (Cap Gap) where i can work early on my new H1B visa?

c) IF my L1B extension is rejected, will they give me 2 months time before they ask me to leave US?

Please let me know if there are any other possibilities, where i can cover those 3 months with out going to India, in case my L1 rjects

Thank You.


  1. No

  2. No

  3. No, there is no grace period as your I-94 has already expired. You should leave US ASAP if L-1 gets denied.