L1 Extn RFE, H1 PP RFE, Valid I-94

[jha1988]

I have L1 with company A and L1 was valid till 1Aug-2011. My employer filed L1 extension and got RFE in Oct-2011. In Nov-2011, company B filed my H1B in premium processing, I got RFE for education revaluation on 1st Dec 2011. My I-94 is valid till Aug-2013.

Due date for L1 RFE is 27th Dec 2011.

I'm seeing some situations , kindly help me to understand the my legal status in each case :
a. H1 gets approved and later L1 extension also gets approve.
b. L1 extension gets approved and later H1 also gets approve.
c. H1 gets approved and later L1 gets rejected
d. L1 gets rejected and later H1 gets approve.
e. H1 gets rejected and later L1 gets approves.
If both L1 and H1 gets rejected then anyhow I have to leave the country.
If L1 gets rejected and H1 under process then can I join company B.

Thanks in advance.

[shervin143]

Your status will change as per the last I-94 that becomes effective. Search and read about the last action rule. You cannot join the H1B employer until the H1B gets approved as a COS from L1.

[jha1988]

Thank you for prompt response.

Does it mean that even my H1 got approved and later L1 rejects, in that case my H1 also become invalid and have to leave the country?

Thanks
Jha

[shervin143]

Was the H1B filed when your L1 I-94 was valid? If yes, then if H1B gets approved as a COS, your status will change to H1B and you can start working for the H1B employer. Later if L1 extension gets denied, you will remain to be in H1B status and can continue to work for the H1B sponsor. If you have filed the H1B after the L1 I-94 expiry date (based on the pending L1 extension), then if L1 gets denied after the H1B approval, then H1B COS gets invalidated. The H1B approval remains valid. Meaning, you need to leave the country and return back in H1B visa. If that is the case, then search and read about "Bridging" petition.

Thank you for prompt response.

Does it mean that even my H1 got approved and later L1 rejects, in that case my H1 also become invalid and have to leave the country?

Thanks
Jha

[jha1988]

My I-94 is valid till Aug-2013. I have applied for COS.

This mean, if my H1 gets approved and later L1 denied then also I can continue my job with H1 sponsor.

Sorry to bother you but I have some more queries.
1. If L1 gets rejected and later H1 approves, can I work with H1 sponsor.
2. If H1 approves and later L1 also approves, can I work with H1 sponsor.

Thanks in advance
Jha

[shervin143]

My I-94 is valid till Aug-2013. I have applied for COS.

This mean, if my H1 gets approved and later L1 denied then also I can continue my job with H1 sponsor.
>>> Yes. Why did you file the L1 extension at the first place? You are allowed to work until Aug 2013. Extension need to be filed only when the I-94 is about to expire.

Sorry to bother you but I have some more queries.
1. If L1 gets rejected and later H1 approves, can I work with H1 sponsor.
>>> Yes. In your case, there was no need to file the L1 extension. You have a valid L1 I-94 which will allow yo to work until its expiry date. In the mean time when H1B gets approved as a COS, your status will change to H1B and you should start working for the H1B sponsor.

2. If H1 approves and later L1 also approves, can I work with H1 sponsor.
>>> No. In that case your status will change to L1. You need to be working for the L1 employer. If you want to work for the H1B sponsor, you need to leave the country and return back in H1B visa. Did you search and read the posts that discusses about the last action rule?