H1/Prem with COS while L1B extn is pending

[samimmq]

Hello Experts,
Currently I work for company A on L1B VISA. My VISA/I-94 both expired on 18/Oct/11 and my company A already filed a L1B - Extension which is pending.

In the mean time, company B is ready sponsor me a H1B visa. So with the help of Attorney the new employer filed a H1B-Premium with COS. Please note that, the H1B-Premium with COS filed after I-94 expired.

Can anyone of the following will happen?

1> H1B petition can approved along with COS? OR

2> Just H1B petition can be approved and COS will be denied as I-94 is already expired. OR

3> Both H1B petition and COS can be denied.

Please advice.

[shervin143]

It totally depends on how the H1B was filed. Was the H1B petitin filed based on the pending L1 extension as a bridge petition? If Yes, then the H1B can be approved with a new I-94 (COS). However, since the H1B was filed as a COS, your L1 extension need to get approved for the bridge petition to remain active. If the L1 extension is denied, then even if the H1B gets approved with a new I-94, you will have to leave the country and return back in H1B visa. Search and read about bridging. There are posts that discusses about bridging in detail.

Also, since the petitions are pending, if both of them gets approved with a new I-94, then your status will be as per the last received I-94. Search and read about the last action rule.

If the H1B petition was not filed as a bridge petition, then the H1B might get approved for consular process (without a new I-94).