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Chances of H1b after L1 extention rejected

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  • Chances of H1b after L1 extention rejected

    I am in USA from june 2007 till date. My L1 visa got expired on 4th June 2010. But before the expiry my company has filed for an extension. Last week i got to know from USCIS site that they have sent a denial notice. I have note yet received the Denial notice in hand. My attorney says, i will have 10 days to leave USA once i get the denial notice in my hand. So,
    1) Since my VISA got expired in June, and still i am waiting for the Denial notice in USA, is there any problem i may face in future petitions or will it be counted as illegal stay ?
    2) My Company is planning to file for a fresh H1B with premium processing, Now should i face any problem due to the denial in my L1 extension ?
    3) Can my company file my new H1B, while i am in USA without any valid visa [Waiting for extension denial notice]?

    Please help to get answer my queries. I am bit worried. I have posted in couple of other forums without any help.
    Thanks Much in advance.

  • #2
    I am in USA from june 2007 till date. My L1 visa got expired on 4th June 2010. But before the expiry my company has filed for an extension. Last week i got to know from USCIS site that they have sent a denial notice. I have note yet received the Denial notice in hand. My attorney says, i will have 10 days to leave USA once i get the denial notice in my hand. So,

    1) Since my VISA got expired in June, and still i am waiting for the Denial notice in USA, is there any problem i may face in future petitions or will it be counted as illegal stay ?

    ---- There will be no problems in future petitions, but your stay in the US may be considered to be illegal if you continue staying. As suggested by your attorney, it is better to leave the US within the time period to avoid all future questioning

    2) My Company is planning to file for a fresh H1B with premium processing, Now should i face any problem due to the denial in my L1 extension ?

    ---- You can file for H1. However, your attorney will be the best person to answer your situation. You may consider applying for a B1/B2 visa in the interim period to continue stying in the US atleast till your H1 is approved

    3) Can my company file my new H1B, while i am in USA without any valid visa [Waiting for extension denial notice]?

    ---- As written above your attorney is the best person to consider all options and advise you accordingly

    Subramanya

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    • #3
      Thanks Much for your reply.
      Please share if you or any of your friend had similar situations, and chances of getting the H1B after the L1B extension got denied.

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