Question regarding my current status and new H1B application

[rajeshraga]

Hi,
I am currently in US and my L-1B extension application has been submitted to USCIS and is in pending status. My L-1B visa expired on May 2013 while I-94 expired on Dec 2013. I am currently in US on basis of my L-1B extension application. I have the receipt notice with me. My employer is now also filing H-1B visa for me for 2014. Now my question is , would this be a new H-1B visa application while applying or a change of status ? I am currently not aware of the complete details. As long as my L-1B extension application is not rejected, I am allowed to stay in US, this is what is my understanding , is this correct ? How long do I need to leave the country after my L-1B extension is rejected ? Please let me know.

[raghvi]

Hi,
I am currently in US and my L-1B extension application has been submitted to USCIS and is in pending status. My L-1B visa expired on May 2013 while I-94 expired on Dec 2013. I am currently in US on basis of my L-1B extension application. I have the receipt notice with me. My employer is now also filing H-1B visa for me for 2014. Now my question is , would this be a new H-1B visa application while applying or a change of status ? I am currently not aware of the complete details. As long as my L-1B extension application is not rejected, I am allowed to stay in US, this is what is my understanding , is this correct ? How long do I need to leave the country after my L-1B extension is rejected ? Please let me know.

Too many questions in one paragraph.

The employer is filing a new H1 in 2014 Cap. In order to file a COS you should be in valid Status currently which you are not as your L1 extension hasn't yet been approved. But, the employer can file a COS request and USCIS will most likely raise an RFE asking submission of proof that the L1 extension has been approved and you are in valid status.And subsequently as and when L1 ext is approved your employer can submit that proof. If not then the H1 , if approved, will be approved as consular processing which will require you to leave US , get H1 stamped and re enter on H1 to get on H1 status.

As for your L1 extension, you are allowed to stay till the new I-94 date, if USCIS approves your extension OR till 240 days from current I-94 expiry OR till L1 extension is rejected, which of the three is the earliest that happens.

If your L1 extension is rejected you the rejection notice will mention by when you will have to leave US. Typically it is a week to 10 day from the day when you receive your rejection notice.

This is my opinion not legal advice.