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H1B with COS Approval when i-94 has expired

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  • aj02111981
    replied
    Hi
    I have question on L1B to H1B transfer. My current visa situation is -

    1. I am in US on L1-B with company A
    2. L1-B, I-94 expired on 15th Nov 2020
    3. Company A filed L1 extension in Aug 2020, RFE'd in Nov 2020, RFE response submitted on Feb 10, 2021 (normal processing, no premium processing)
    4. Company B applied for H1B COS (change of status). Got picked in lottery in Aug 2020, H1B petition submitted in October 2020 (I-94 was valid at that time), later H1B got RFE on 5th Nov 2020, Company B submitting RFE response in premium by 20 Feb 2021
    5. Question is, will H1B COS be approved as my I-94 is expired now and L1-B extension is also in progress ?

    Leave a comment:


  • shervin143
    replied
    You are not getting the point here and you don't seem to care about searching the old posts related to Bridging and reading them. I suggest you consult an immigration attorney.

    1) H1B is approved with COS and L1 B is Withdrawn, What happens in this case,
    >>> I have clearly mention in my previous replies that your L1B extension need to be approved in order for the H1B to be effective without any issues. If the H1B is filed as a COS before your I-94 expiry date, then no issues. However, since your H1B will be filed after the I-94 expiry date based on the pending L1 extension, this falls under the bridging category. So if L1 is revoked or rejected then the bridge breaks and so the H1B COS will be of no effect. In such case, you have to leave the country, get the H1B stamped and return back.

    you had mentioned that my stay after i-94 and H1B application becomes Illegal... But will I be able to continue to stay and work here....
    >>> Your stay past the I-94 will e considered illegal only of the L1 extension gets denied or if it gets revoked. Otherwise no issues. That is why USCIS gives you 6 months time to file the extension.

    2) H1B is approved with COS not approved & L1B is Withdrawn/Rejected - In this case I have to go back to my Home country and get the Visa Stamped. - Is it true?
    >>> I am not sure what you are trying to ask. Read the question before you post it.

    I have a question, what are the chances that my H1B will be approved with COS when i-94 is expired, or 100% COS for H1B will not get approved for sure.
    >>> No one can give you such guarantee. If L1 extension gets approved, then the chances of the H1B COS is high (provided all the other documents are in place). If not, then the COS might get denied and the H1B might get approve for consular process. Even if the H1B gets approved with a new I-94 and of l1 is rejected, then you have to leave the country and re-enter in H1B visa.

    Leave a comment:


  • sivakumar19851
    replied
    Question

    There are 2 cases here

    1) H1B is approved with COS and L1 B is Withdrawn, What happens in this case, you had mentioned that my stay after i-94 and H1B application becomes Illegal... But will I be able to continue to stay and work here....


    2) H1B is approved with COS not approved & L1B is Withdrawn/Rejected - In this case I have to go back to my Home country and get the Visa Stamped. - Is it true?

    I have a question, what are the chances that my H1B will be approved with COS when i-94 is expired, or 100% COS for H1B will not get approved for sure.

    Thanks a Ton for a reply,

    Leave a comment:


  • shervin143
    replied
    It doesn't matter whether you are currently in L1 status or H1B status. Since your current I-94 has already expired, any new petition that is filed on your behalf has to be a bridge petition. When a petition is filed as a bridge petition, all the previous pending petitions need to get approved or the bridge will break. Like I mentioned in my previous reply, search and read about posts that discusses 'Bridging' in detail. If H1B gets approved and if L1 is revoked before it gets approved, then the bridge breaks and you have to leave the country and re-enter in H1B visa. This is the problem when petitions are filed based on a pending petition with an expired I-94.

    Originally posted by sivakumar19851 View Post
    I am sorry, I did not mention that currently I am on L1B Visa and I have an RFE on I-94 Extension for L1B.

    So once I get H1B, the i-94 application would be revoked

    So In this, case will my H1B approved with Change of status or I have to go back to India for Visa Stamping

    Leave a comment:


  • sivakumar19851
    replied
    Clarification

    I am sorry, I did not mention that currently I am on L1B Visa and I have an RFE on I-94 Extension for L1B.

    So once I get H1B, the i-94 application would be revoked

    So In this, case will my H1B approved with Change of status or I have to go back to India for Visa Stamping

    Leave a comment:


  • shervin143
    replied
    Another employer can file the H1B petition for you. But it has to be a bridge petition. Search and read about posts that talks about bridging. If the existing petition which is under RFE gets rejected, then the transfer will also get rejected. If the transfer gets approved first and then the extension gets rejected, then you have to leave the country and return back with a valid H1b visa and the transferred petition to work for the new employer. It is not advisable to go to nearby countries for stamping because when the extension gets denied, all the time that you have spent in U.S after your I-94 expiry date will be considered as illegal stay. When you have accumulated illegal stay, the chances of a visa rejection or a 221g is high. So in such case, it is advisable to go to your home country.

    Leave a comment:


  • sivakumar19851
    started a topic H1B with COS Approval when i-94 has expired

    H1B with COS Approval when i-94 has expired

    Hi ,
    Thanks once again for your dedication to answer our queries.

    Question – My Visa & i-94 expired in the month of September, i-94 Extension was filed, currently in RFE status have to respond back by December end.

    If I apply H1B through other company, what are my chances of getting H1B approved with COS.

    I have read your previous posts, in most of the post you have mentioned that if i-94 has expired then it is not possible, is there some XX % of chance where it gets approved / do we have to provide additional documentation to get COS Approved.

    Last Question, if COS is not approved then what do you suggest, what is the nearest location for getting the visa Stamped or Do I have to go back to India and do it.

    Thanks,
    Siva

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