L1 RFE - H1 approved without COS

[sarangadhar]

Hi,
My L1 was expired on June'08. Received the RFE for the extension petition. I think we will have 3 months to respond.

Also my H1 was approved without COS. so no I-94. Can I apply for the COS now considering these 3 months of L1 RFE response time is considered as valid status in US non L1 visa?

Please advise whether applying for the COS is right? and how long it takes to get the COS approval usually?

[txh1b]

If your L1 I-94 expired, then the pending petition period is NOT considered as "status" but authorized stay period. Hence, no further status changes are permitted.