Transfer from L1B to H1b , when L1 extension has RFE

[kt0241]

HI,

I am currently in US and my L1 visa as well as my I-94 has exired. but I am staying on L1 Visa Extension. I got RFE for extension and i had replied to same with supporting documents. but USCIS hasn't taken any decisson yet.

Now i got a new offer from other company . I had H1 Visa, which was expired in 2009.now , while i have no Validity in I-94 and staying on Visa extension period of 240 days, can i initate to re-activate my old H1 Visa ? is it possible ? I had examples, where initiation of expired H1 visa was re-activated, but they had I-94 Validity. my case is now i had RFE on my L1 Visa extension, so can i take up the new offer and re-activate H1 Visa.? is it legal

please advise.

[raghvi]

HI,

I am currently in US and my L1 visa as well as my I-94 has exired. but I am staying on L1 Visa Extension. I got RFE for extension and i had replied to same with supporting documents. but USCIS hasn't taken any decisson yet.

Now i got a new offer from other company . I had H1 Visa, which was expired in 2009.now , while i have no Validity in I-94 and staying on Visa extension period of 240 days, can i initate to re-activate my old H1 Visa ? is it possible ? I had examples, where initiation of expired H1 visa was re-activated, but they had I-94 Validity. my case is now i had RFE on my L1 Visa extension, so can i take up the new offer and re-activate H1 Visa.? is it legal

please advise.

It might not be possible as your Visa as well as I-94 both have expired. Further, there is no 240 Days rule. If your Extension is denied all stay after your I-94 expiry would be considered illegal and might impact future Visas. Why arent you converting the L1 extension application to premium to get response quickly? This is my opinion not legal advice.