L1 to H1 - Change of State- I 94 Expired

[salem]

Hi,

I have received my H1 receipt notice for the year 2015. I believe it was filed as a L1 to H1 COS by my comany. My I 94 expired on Apr 14 2014. I have applied for L1b extension and is currently under process at USCIS. Please let me know.

If my L1b extension gets denied, before the H1b Process finishes, will my H1b also get denied? or only the Change of status gets denied and my H1b gets approved for Consular processing. Should the H1B processing be done as premium to get its result before the result of l1b extension comes out.

Please let me know.

[raghvi]

Hi,

I have received my H1 receipt notice for the year 2015. I believe it was filed as a L1 to H1 COS by my comany. My I 94 expired on Apr 14 2014. I have applied for L1b extension and is currently under process at USCIS. Please let me know.

If my L1b extension gets denied, before the H1b Process finishes, will my H1b also get denied? or only the Change of status gets denied and my H1b gets approved for Consular processing. Should the H1B processing be done as premium to get its result before the result of l1b extension comes out.

Please let me know.

In Most likelihood your H1 petition would raise a RFE stating that first provide L1 extension approval. New H1 can only start from 01-Oct-2014, so technically you cannot automatically move to H1 on 01-Oct-2014 without having a valid I-94 till 30-Sep-2014 or beyond and you are going to get that only if your L1 extension is approved.

So to answer your question, if L1 extension gets denied, H1 may not get denied but COS may get denied. You should leave US and go attend H1 stamping and enter US on H1 visa around Sept End to start work on H1 from H1 start date(assuming its 01-Oct-2014).

This is my opinion not legal advice.