L1 to H1 COS

[ashwinkhai]

Hi All,

I haven't yet recieved a status for my L1 to H1 COS. It was filed in premium when RFE Response was filed on March 19. Today is the last day I should get the response. Could you please advice on what I should do now?

Also my L1 visa/I-94 expires on April 19 2012. COuld you please tell me whether I can stay in US if I file my L1 to H4 COS (in case my H1 gets denied), even though L1 to H4 COS is not approved by April 19?

Thank you all in advance,
Ashwin

[shervin143]

I haven't yet recieved a status for my L1 to H1 COS. It was filed in premium when RFE Response was filed on March 19. Today is the last day I should get the response. Could you please advice on what I should do now?
>>> Has it been 15 days since USCIS received the documents requested in RFE? If yes, then the employer can take an info pass appointment with USCIS to discuss your case. If the petition doesn't get approved before the end of your L1 status period, then you should either file a COS to any other status or leave the country.

Also my L1 visa/I-94 expires on April 19 2012. COuld you please tell me whether I can stay in US if I file my L1 to H4 COS (in case my H1 gets denied), even though L1 to H4 COS is not approved by April 19?
>>> Yes. If the COS is filed before your L1 expiry date, then you can legally stay when the COS to H4 is pending. However, filing multiple petitions for different status will cause issues. Search and read about the last action rule. If the H4 petition becomes effective after the H1B petition, then your status will become H4 and you cannot work.