L1 Ext Denial and transferring to H1

[ankitbarot.msccait]

Hello Experts,

Could someone please help with following situation:

1) My current L1 visa got expired in Sep 2013 and Company A (current) filled an extension under normal processing.

2) On the other hand, I have H1B + COS approved starting 1st Oct 2013. However I was not in a position to join H1 employer (Company B) so I filled amendment to cancel COS and make it consular processing.

Now in this situation if my L1 extension get denied then Is there any way I can get my current company (Company A) utilize my H1 (From Compay B) so I do not have to travel outside USA to get H1 stamped?

Any help would be great help.

[Nattybone]

Hello Experts,

Could someone please help with following situation:

1) My current L1 visa got expired in Sep 2013 and Company A (current) filled an extension under normal processing.

2) On the other hand, I have H1B + COS approved starting 1st Oct 2013. However I was not in a position to join H1 employer (Company B) so I filled amendment to cancel COS and make it consular processing.

Now in this situation if my L1 extension get denied then Is there any way I can get my current company (Company A) utilize my H1 (From Compay B) so I do not have to travel outside USA to get H1 stamped?

Any help would be great help.

Hello, Ankit.

Your H1B can be switched to your Company A - which holds your L1. But, now that you are beyond your visa and I94 date, you will have to wait till the decision on extension petition is out. Because, your legal status in USA is dependent on this extension, all subsequent petitions will depend on this outcome.

I hope this helps.

Wishing you luck.

Cheers,

[ankitbarot.msccait]

Thank you very much for your reply. However I would appreciate if you could please help to understand further in this situation.

As far as possibilities are concerned there are only 3.
#1 If L1 extension get approved then there is no issue and H1 can be utilized by current company.

#2 If there is RFE on L1 extension, then could you please help me to understand if/how H1 transfer can be done?

#3 If there is denal on L1 extension then Is it/How possible to get H1 transferred without leaving from the country?

Help with above questions will help lot of people like me. Thank you very much.

[raghvi]

Thank you very much for your reply. However I would appreciate if you could please help to understand further in this situation.

As far as possibilities are concerned there are only 3.
#1 If L1 extension get approved then there is no issue and H1 can be utilized by current company.

#2 If there is RFE on L1 extension, then could you please help me to understand if/how H1 transfer can be done?

#3 If there is denal on L1 extension then Is it/How possible to get H1 transferred without leaving from the country?

Help with above questions will help lot of people like me. Thank you very much.

You haven't mentioned when your L1 associated I-94 is expiring. Assuming your L1 I-94 also expired in Sep 2013 then as Natty mentioned the outcome of L1 extension will decide your stay. There are only two options; L1 extn approved then stay. L1 ext denied then leave US.
1. If L1 extension approved, you are good to continue and try to do a L1 to H1 COS later on.
2. If L1 extension goes to RFE, you have two options, (a) respond to RFE and await the decision , if denied, leave US. (b) Leave US, get H1 stamped and return.
3. If L1 extension denied, to leave US, get H1 stamped and return.

Without securing an L1 extension approval I dont see a way for you to move to H1 without leaving US.

This is my opinion not legal advice.

[ankitbarot.msccait]

Thank you very much Raghvi. This will help lot of people like me. Much much appreciated this channel and group of experts are doing excellent.