L1B extension RFE and H1 RFE - Legal to stay in USA?

[sivakrishnain]

Hi,

Here is my background

Company A
Current Visa : L1-B
Expiry date: 05/25/2013
L1B extension filed Date: 05/24/2013
L1B RFE reply Date: 09/05/2013

Company B
H1B COS filing Date: 04/08/2013
H1B request start date: 10/01/2013
H1B RFE reply Date: 09/05/2013


Company A filed my L1B and Company B filed H1B. Currently both the Visas got RFE and sent reply to both today. I-94 expired on 05/24/2013.

H1B RFE is regarding USCIS wants L1B approval document but we replied with L1B extension receipt number and current pay stub. L1B extension RFE is regarding some documentation which my company cannot provide and I am sure eventually it'll be denied.

My doubts are,

1. Can I legally stay in USA if my L1B extension is denied next week and until my H1B is approved?

2. What are the chances that my H1B will be denied because of L1B denial?

3. Should I apply for H4 when my L1B is rejected?

Please reply. Thanks in advance.

[raghvi]

Hi,

Here is my background

Company A
Current Visa : L1-B
Expiry date: 05/25/2013
L1B extension filed Date: 05/24/2013
L1B RFE reply Date: 09/05/2013

Company B
H1B COS filing Date: 04/08/2013
H1B request start date: 10/01/2013
H1B RFE reply Date: 09/05/2013


Company A filed my L1B and Company B filed H1B. Currently both the Visas got RFE and sent reply to both today. I-94 expired on 05/24/2013.

H1B RFE is regarding USCIS wants L1B approval document but we replied with L1B extension receipt number and current pay stub. L1B extension RFE is regarding some documentation which my company cannot provide and I am sure eventually it'll be denied.

My doubts are,

1. Can I legally stay in USA if my L1B extension is denied next week and until my H1B is approved?

2. What are the chances that my H1B will be denied because of L1B denial?

3. Should I apply for H4 when my L1B is rejected?

Please reply. Thanks in advance.

1. No you should leave US in that case.
2. The H1 petition might still be approved but as consular process and you will have to get H1 stamped outside US in order to move to H1.
3. You cant as your I-94 has already expired.

This is my opinion not legal advice.