RFE in L1B extension,Visa and I-94 expired, H1 selcted in lottery

Hi Saurabh,

My husband has submitted RFE documents for L1B extension last month.

The visa and I-94 were expired on 26 Jan 2013.

Mean while we have applied for COS H1, which got selected in lottery and its in review stage. Extension grace period of 240 days is till 16 Sept-13,

  1. If L1 extension gets rejected, Will COS H1 petition be still valid or will it be cancelled?

  2. If H1 got approved before L1 extension result , Can we go to India and get it stamped in Oct.?

  3. Can we change H1 from regular to premimum process? what will be implications on outcome due to L1 RFE?

  4. Fortunatelly If L1 extension & H1get approved, Do we get options to select either L1 or H1 for stamping ? Which one is better?

I really appreciated your guidance. Helps a lot for decisions



  1. H-1 COS will get denied, b/c your I-94 has expired. For COS to be approved, L-1/2 extension needs to be approved.

  2. Yes

  3. You can upgrade it to PP. However, they may issue RFE asking for proof of L-1 extension. This RFE can be issued even if not upgraded to PP.

  4. No, you don’t. Whatever petition has a later approval date will determine the eventual status.

Thanks Saurabh,
But my employer consulted with attorney and he responded ‘Yes, H-1 will be still valid even your L-1B extension gets rejected.’


There are 2 things - H-1 and COS. So if L-1 extension is denied, USCIS can still approve the H-1 but w/ consular processing (i.e. deny COS).

If L-1 extension is denied, does it mean that I can go to India and get H1 stamped?

Yes, you can still get H-1 visa stamped and return to work on H-1

Got RFE for H1 today

My H1 too got a RFE yesterday. Before that previous 7 days it was not showing any status

My L1B RFE Response was submitted on 25th June and showing as RFE Response review status

what is RFE related to?
pls can you share the details if received RFE

Hi Dipalee, I am in the same situation, I applied for H1 COS in 2013…
my L1B & I94 expired on 10th sept 2013… applied extn before that…
got RFE on H1 asking for L1B extn status…
also got RFE on L1 extn asking specialized knowledge -
replied L1 extn RFE on 15th Jan 2014…
replied H1 RFE on 31st Jan…
Current status for L1 extn = RFERR

my question -
Is the decision made on your case?
Was it approved?
How much time did it took to get the decision after L1 extn RFE response?