Approved I-797A, L1 expiry gap

[samsam14]

Hi,

I was on L1B visa which expired on 6th Sept 2015. My company files an extension for the same which is pending decision with USCIS. In the mean time from the same company I got my H1 B approval with a COS starting 29th Oct, 2015.

Question -

1. Can I ask my company to withdraw my L1 extension application, as my H1 B could get turned over due to the "Last Action Rule".
2. If I withdraw my L1B extension application will my stay between 7th Sept, 2015 to 28th Oct, 2015 be considered as illegal.

Any insight in the 2 questions is appreciated

Thanks,

[raghvi]

Hi,

I was on L1B visa which expired on 6th Sept 2015. My company files an extension for the same which is pending decision with USCIS. In the mean time from the same company I got my H1 B approval with a COS starting 29th Oct, 2015.

Question -

1. Can I ask my company to withdraw my L1 extension application, as my H1 B could get turned over due to the "Last Action Rule".
2. If I withdraw my L1B extension application will my stay between 7th Sept, 2015 to 28th Oct, 2015 be considered as illegal.

Any insight in the 2 questions is appreciated

Thanks,

You need to get a valid L1 extension approval for 7-Sep till 28th Oct Period in order to prove that stay was legal.

The problem is that if you withdraw the extension then that period stay would be considered illegal. If you continue with it and it gets denied , still that period will be considered illegal, if it gets approved, you end up back in L1 Status.

Would advice, withdraw the L1 extension request, and leave US, get H1 stamping and return to US.

This is my opinion not legal advice.