L1 Denied & H1 under review - Urgent

[bala193]

Today, my L1B extension is denied from Company A. Also I had filed for H1b through other company B in Nov'2011(2011 quota) and it is still under initial review. My L1B I-94 is valid till Feb'2014. Since my H1b still under review, can I stay in US and work on H1b or do I have to leave country

[shervin143]

Why did you file the L1 extension when your L1 I-94 is valid until Feb 2014? You can stay and work in L1 status as long as the L1 I-94 remains valid. You cannot work in H1B status until the H1B gets approved with a new I-94.

[bala193]

thanks for your reply. When I went to India on vacation and came back to US in Feb'11, they gave me I-94 for 3 years (Feb'2014). My L1B visa was valid till Sep'2011 only, hence my company applied for extension.

[shervin143]

There was no need to file the extension in that case. Extension need to be filed only when the I-94 is about to expire.

thanks for your reply. When I went to India on vacation and came back to US in Feb'11, they gave me I-94 for 3 years (Feb'2014). My L1B visa was valid till Sep'2011 only, hence my company applied for extension.

[bala193]

Can I stay in US without working until my H1b decision comes, even though L1 extension is denied

[shervin143]

You cannot stay in U.S without working and getting paid. You should leave and return back in H1B visa when the petition gets approved.

Can I stay in US without working until my H1b decision comes, even though L1 extension is denied