L1 to H1 COS premium

[rohitmaha]

I am completing my 5 yrs on L1 visa on Nov 22 2011 (I94 has also same date.). My employer has filed my L1 to H1 COS in premium on Nov 7th 2011. I have following questions

1. Am I eligible to stay in US if I dont get my approval by Nov 22 2011?
2. Am I eligible to work in US if I dont get my approval by Nov 22 2011?
3. is it legal to stay and not work in US if I dont get my approval by Nov 22 2011?
4. Is it true that I have to get approval before Nov 22 2011 otherwise I have to leave US?

Please help me answering above questions...in real trouble.

[anna1234]

1. No as far as I know (I am not sure whether you can stay with a receipt)
2. No until COS is approved
3. No
4. True (You must get it approved within 15 days, if you get RFE then you have to go). One of my friend overstayed and got approval after 3 days from his i94 expiry. If one or two days means its fine if you have no plans to file GC or planning to do stamping. Else better leave on that day and come back if it didnt get approved by 22nd.

[rohitmaha]

For your answer on question 4... If I go out of US then my COS be remain active or do I need to file for new application.

[shervin143]

COS might get denied and H1B might get approved for consular process. You anyhow need to get the H1B stamped to re-enter in H1B status. If the petition gets approved as a COS, then you will have to return the I-94 that comes with the approval back to CBP to avoid unnecessary I-94 issues.
https://www.immihelp.com/returning-u...4-form-to-cbp/

For your answer on question 4... If I go out of US then my COS be remain active or do I need to file for new application.

[rohitmaha]

On question 1 "anna1234" was not sure on reply. So can somebody confirm that for me?

[shervin143]

That answer is correct.

On question 1 "anna1234" was not sure on reply. So can somebody confirm that for me?

[rohitmaha]

Thank you all for your responses...I really appreciated th prompt response!!!

[Atlanta12]

L1 to H1 COS

My L1 expires on 11/23/2011 I-94 on 12/27/2011
Dependents i-94 on 11/23/2011

I have couple of questions
If we file L1 to H1 COS in premium.

1. Am I eligible to stay in US if I dont get my approval by Nov 23 2011 until my i-94 or beyond ?
2. Am I eligible to work in US if I dont get my approval by Nov 23 2011 until my I-94?
3.will my family need to leave before Nov 23 2011 if I do not get approval?
4. Is there a way to extend i-94 for the dependents for just one month ?

Need urgent help..

[shervin143]

1. Am I eligible to stay in US if I dont get my approval by Nov 23 2011 until my i-94 or beyond ?
>>> The problem is, beyond the L1 expiry date, you are no longer allowed to work for the L1 employer unless an L1 extension is filed. Without the H1B approval, you cannot work in H1B status. You are not allowed to stay without working and getting paid. That is why you need to leave the country. Only people who have filed a COS to a dependent status are allowed to stay based on the pending petition.

2. Am I eligible to work in US if I dont get my approval by Nov 23 2011 until my I-94?
>>> No. Read the above answer.

3.will my family need to leave before Nov 23 2011 if I do not get approval?
>>> If their COS to H4 is filed along with your H1B, then they can stay based on the pending petition.

4. Is there a way to extend i-94 for the dependents for just one month ?
>>> There is no L2 without L1. You cannot file their L2 extension without your L1 extension. The only option is to file their COS to H4 along with your H1B petition.

[Atlanta12]

Thanks for you quick response.

I forgot to mention about my RFE i got RFE for my L1B exension which is due on 12-31-2011.If i apply for H1B cos now and if it does not get approval by 11/23 which is my visa expiry date..can i work till my I-94 and stay in US.
My employer says we need to withdraw the RFE to file H1 cos.Is it true?Both can not go together?

QUOTE=shervin143;252343]1. Am I eligible to stay in US if I dont get my approval by Nov 23 2011 until my i-94 or beyond ?
>>> The problem is, beyond the L1 expiry date, you are no longer allowed to work for the L1 employer unless an L1 extension is filed. Without the H1B approval, you cannot work in H1B status. You are not allowed to stay without working and getting paid. That is why you need to leave the country. Only people who have filed a COS to a dependent status are allowed to stay based on the pending petition.

2. Am I eligible to work in US if I dont get my approval by Nov 23 2011 until my I-94?
>>> No. Read the above answer.

3.will my family need to leave before Nov 23 2011 if I do not get approval?
>>> If their COS to H4 is filed along with your H1B, then they can stay based on the pending petition.

4. Is there a way to extend i-94 for the dependents for just one month ?
>>> There is no L2 without L1. You cannot file their L2 extension without your L1 extension. The only option is to file their COS to H4 along with your H1B petition.[/QUOTE]

[shervin143]

I forgot to mention about my RFE i got RFE for my L1B exension which is due on 12-31-2011.If i apply for H1B cos now and if it does not get approval by 11/23 which is my visa expiry date..can i work till my I-94 and stay in US.
>>> Visa is only an entry document to U.S. You don't need a valid visa to stay and work in U.S. Your I-94 will decide until when you can legally stay and work in U.S.

My employer says we need to withdraw the RFE to file H1 cos.Is it true?Both can not go together?
>>> If both L1 extension and a COS to H1B are applied and if both gets approved, then your status will change to whichever petition that gets approved last and that would complicate things. The COS to H1B should be filed before the L1 I-94 expires. Otherwise the petition will need to be filed as a bridging petition based on the pending L1 extension which will complicate things.

[Atlanta12]

thanks for your quick and helpful response.I will talk to my employer.