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L1 to H1 COS - L1 I-94 Expiring

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  • L1 to H1 COS - L1 I-94 Expiring

    Hi guys,
    I am in a very weird condition. I am currently in USA on L1 visa. L1 visa expired in Aug'14 and L1 I-94 is expiring on 12-24-2105. My company filed an L1 to H1 COS this year and it was selected in the lottery.

    The current status of my H1-B visa application on USCIS site says - "Response To USCIS' Request For Evidence Was Received".

    Can you please let me know what happens if there is no decision on my H1-B application by the time my L1 visa I-94 expires. Will I be out of status? Do I need to leave US or I can continue staying based on the L1 to H1 COS decision pending.

    Please advise.

  • #2
    If you do not receive a decision on your H1B before your current L1 I-94 expires, you need to leave the country. Because, post your L1 I-94 expiry date, you will no longer be in L1 status, so you cannot work. Until the H1B COS gets approved, you will not be in H1B status so you cannot work. In order to work, your L1 employer will need to file a L1 extension, but that will mess up the pending H1B COS because last action rule will be effective. You have two options.

    1) Ask your employer to upgrade your H1B to premium and get the result within 15 days.
    2) Leave the country before your L1 I-94 expires (if your H1B is not approved by that time) and return back only after you get a decision on your H1B COS. If H1B is approved, get the H1B visa stamped and return back. If it is declined, then return back in L1 visa (assuming you still have time left on L1).
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      If you do not receive a decision on your H1B before your current L1 I-94 expires, you need to leave the country. Because, post your L1 I-94 expiry date, you will no longer be in L1 status, so you cannot work. Until the H1B COS gets approved, you will not be in H1B status so you cannot work. In order to work, your L1 employer will need to file a L1 extension, but that will mess up the pending H1B COS because last action rule will be effective. You have two options.

      1) Ask your employer to upgrade your H1B to premium and get the result within 15 days.
      2) Leave the country before your L1 I-94 expires (if your H1B is not approved by that time) and return back only after you get a decision on your H1B COS. If H1B is approved, get the H1B visa stamped and return back. If it is declined, then return back in L1 visa (assuming you still have time left on L1).
      Thanks shervin123 for your response. I will talk to my employer about the Premium Processing option. I have a couple of questions based on your comments:

      1) My L1 has already expired on 08-01-2014. Can my employer still file for an L1 extension? But then you said that it will mess up with my L1 to H1 COS application.

      2)Can't I continue staying in the US based on the fact that a decision is pending on my L1 to H1 COS application. Is it possible that I can continue staying in the US but not work?

      Comment


      • #4
        1) My L1 has already expired on 08-01-2014. Can my employer still file for an L1 extension? But then you said that it will mess up with my L1 to H1 COS application.
        >>> L1 extension can be filed as long as the I-94 associated to L1 is still valid. Your L1 I-94 expires only on 12/24/2015. So an L1 extension is possible. But if L1 extension is filed now and if both L1 and H1B gets approved, then your staus will change as per the last effective petition. Search and read about the 'last action rule'.

        2)Can't I continue staying in the US based on the fact that a decision is pending on my L1 to H1 COS application.
        >>> On what basis will you stay? Once L1 I-94 expires, you are not in L1 status. Since H1B is not approved, you are not in H1B status as well.

        Is it possible that I can continue staying in the US but not work?
        >>> That is not allowed.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          1) My L1 has already expired on 08-01-2014. Can my employer still file for an L1 extension? But then you said that it will mess up with my L1 to H1 COS application.
          >>> L1 extension can be filed as long as the I-94 associated to L1 is still valid. Your L1 I-94 expires only on 12/24/2015. So an L1 extension is possible. But if L1 extension is filed now and if both L1 and H1B gets approved, then your staus will change as per the last effective petition. Search and read about the 'last action rule'.

          2)Can't I continue staying in the US based on the fact that a decision is pending on my L1 to H1 COS application.
          >>> On what basis will you stay? Once L1 I-94 expires, you are not in L1 status. Since H1B is not approved, you are not in H1B status as well.

          Is it possible that I can continue staying in the US but not work?
          >>> That is not allowed.
          Hi shervin413,
          Finally on Dec 4, the status on USCIS site changed to - "On December 4, 2015, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC YYYY YYYY XX" . Does this mean that my H1 was approved with COS. What should be my action step from here on? Do I still need to file for the L1 Ext?

          Comment


          • #6
            Originally posted by tarares View Post
            Hi shervin413,
            Finally on Dec 4, the status on USCIS site changed to - "On December 4, 2015, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC YYYY YYYY XX" . Does this mean that my H1 was approved with COS. What should be my action step from here on? Do I still need to file for the L1 Ext?
            When was COS sent to USCIS?

            Comment

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