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In the US on L1 and pending H1

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  • In the US on L1 and pending H1

    Hello All senior members,

    I came to the US on L1B visa on Feb 2007 and I'm in the US on L1 till now.
    This year (2008), I filed for an H1 through a consultant and he filed with with COS from L1 to H1.
    My case was picked up in the lottery and went to the USCIS for processing on May 14 2008.
    My H1 is still pending.

    To void the COS from L1 to H1, I had to travel out of the US and come back to the US with new I94 on L1.
    Since my H1 is still pending, I had to travel
    Per the forum and rule , if my H1 were approved, I had to do leap frog before Oct 01 and come back to the US after Oct 01 with new I94. This is to retain my L1 status and not to fall out of status on L1 and also not to accumulate any illegal status of stay in the US.

    My questions are:

    1) Was my decision correct of travel out of the US on pending H1 to retain my L1 ?

    2) Will there be any legal problems in the case that I described above ?

    3) If my H1 gets approved any time now, will USCIS send my H1 with new I94?

    4) Will the I94 (query 3) be the latest one and I'll be out of status of L1 ?

    5) Will the USCIS know about my travel on the pending H1 ?

    Please answer my questions.

    Sorry if the questions are repetitive in nature.

  • #2
    Read other similar posts. You seem to be fine from what I understand.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks TxH1B.
      I've seen a lot of posts concerrning my queries.

      my H1 is still pending. What if my H1 is rejected by USCIS ? Will there be any impact on my L1b visa ?

      Comment


      • #4
        Your current status holds good till the I-94 expires. H1b denial will not impact current visa status.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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