L1B Visa Extension

[suhaanan]

Hi Team,

I am on L1b Visa in USA which was already expired on 16 May 2016 and i have applied for the L1b Visa extension and i am waiting for the result.

My name is also came in Lottery in H1b 2016/17. My question is if my L1b Visa will be denied then can i stay in USA on behalf of my H1b Petition or i have to travel back to India and come back in Oct after Visa stamping.

Regards
Suhail

[raghvi]

Hi Team,

I am on L1b Visa in USA which was already expired on 16 May 2016 and i have applied for the L1b Visa extension and i am waiting for the result.

My name is also came in Lottery in H1b 2016/17. My question is if my L1b Visa will be denied then can i stay in USA on behalf of my H1b Petition or i have to travel back to India and come back in Oct after Visa stamping.

Regards
Suhail

Is H1 and L1 for same employer?

Here is what typically happens in this scenario.

While processing your H1 , if it was applied as COS, USCIS will see that you do not have a valid status as of 30-Sep-2016, so will raise a RFE and ask you to first furnish proof of your valid status. Now a pending L1B extension request is not a valid proof of maintaining status. If L1 is denied or still pending, you cannot submit that proof, and USCIS will approve the H1 as consular process (provided other aspects of H1 petition are valid), that is without an I-94.

If L1 is denied, yes you need to leave US. A pending or consular process approved H1 is not valid to stay in US.

Sometimes USCIS approves the H1 with a I-94, even in that case, if L1 extension denied, you should leave US.

The only case in which you need not leave US is, if your L1 extension is approved.

This is my opinion not legal advice.