L1 visa extension got denied. urgent question on appeal

**anbu** · 04-10-2008, 04:45 PM

Hi,

my L1 visa extension got denied. If my employer file an appeal against the deniel, can I authorize to work here in US?

Please help.

Thanks,
Anbu

**txh1b** · 04-10-2008, 04:51 PM

You are not allowed to work during the appeal and are also not in legal status during the appeal. There is lot of risk involved as appeals can take 8-12 months and you accumulate unauthorized presence during that period which can potentially lead to 3 or a 10 year ban in the future if the appeal does not result in success.

If the appeal was fruitful, then you will be fine. If not, you should plan on leaving before you hit the 180 day mark since your denial which kicks of the ban.

Talk to your attorney.

**orion** · 04-10-2008, 06:27 PM

Why was it denied?

**sabyajita** · 08-22-2008, 06:40 PM

I am also in the similar situation.How many days I can stay after the denial?It is denied on 21st august 2008. I have a approved H1 starts from oct 2008, can I stay till Sept end in USA and join my H1 company on Oct?

**orion** · 08-22-2008, 07:44 PM

Originally Posted by sabyajita

I can I stay till Sept end in USA and join my H1 company on Oct?

NO.

You must have received instructions on when to leave with denial. If not, you have to leave immediately after denial.

**sabyajita** · 08-22-2008, 07:55 PM

Is there any way to backdated the h1 visa(from oct 1st to August) to the date of my l1 visa expiry...so that i can avoid out of status probelm...let me know whether it is possible

**C4us** · 08-22-2008, 09:10 PM

NO. This question answered on your other thread.

**sabyajita** · 08-22-2008, 10:55 PM

Thanks for your reply.Just one more question.
If my company go for appeal now , is it possible during the appeal I switch to my H1 company on Oct 1st? In such case my appeal may be withdrawn and it wont get the risk of failure. I am just looking for the diferent options...let me know your valuable thoughts...

Thanks

**orion** · 08-22-2008, 11:01 PM

WHAT are you talking about??? Backdating your approved visa dates? I'm shocked!

Moreover, H1 visa are approved only starting with the fiscal year ie. 01OCT.

Originally Posted by sabyajita

Is there any way to backdated the h1 visa(from oct 1st to August) to the date of my l1 visa expiry...so that i can avoid out of status probelm...let me know whether it is possible

**mikalika** · 11-07-2008, 09:42 PM

My husbands L-1 visa was denied, I as wife had L-2 and meanwhile I attend the school which easily could provide me with I -20 but the Lawyer who had our case told us that we are legally here until we get our approval, so we waited now we get denial and he tells us that we have 180 days to leave, I do not wont to violate any US law and I can leave as soon as within 1 week so I will no have any problems of coming back, so I wont to go back to my country and try to get F-1 visa so I can finish my school , but the USA consulate in my country asks me to give them the prove that I was eligible to stay for 180 days after my denial , my lawyer can't provide me with this document where can I find the legal document where it is written that we could stay here for 180 days please please HELP I need a document so I can take it with me