L1B Extn declined, but L1B to H1B COS approved

[PravinJ]

My L1B extension has denied on 16th Oct and I got to know today that L1B to H1B COS approved -
"L to H visa conversion has been approved by USCIS with I94 validity from 10/17/13"

My question is -

Since L1b-ext has denied, what about my stay from L1b expired date July 1st to Oct 17. Is it out of status?
My company told me to continue work so would it be any problem in future when I go back for stamping or on port of entry?

Appreciate your help.

Thanks.

[raghvi]

My L1B extension has denied on 16th Oct and I got to know today that L1B to H1B COS approved -
"L to H visa conversion has been approved by USCIS with I94 validity from 10/17/13"

My question is -

Since L1b-ext has denied, what about my stay from L1b expired date July 1st to Oct 17. Is it out of status?
My company told me to continue work so would it be any problem in future when I go back for stamping or on port of entry?

Appreciate your help.

Thanks.

Assuming your L1 I-94 also expired on 01-Jul-2013. Your COS should not have been approved. And you are out of status from 01-Jul onward. As you were not in status your COS H1 is also not probably valid.

Dont try to benefit from an USCIS mistake. You may be caught later on. To be on safe side leave and return with H1 stamping. Employer doesn't have anything to lose if you are out of status, maintaining valid status is your responsibility.

It shouldn't come back haunting you at a later stage when you process your GC or go for H1 stamping.

Do talk to a independent lawyer before deciding on your next move.

This is my opinion not legal advice.

[Nattybone]

My L1B extension has denied on 16th Oct and I got to know today that L1B to H1B COS approved -
"L to H visa conversion has been approved by USCIS with I94 validity from 10/17/13"

My question is -

Since L1b-ext has denied, what about my stay from L1b expired date July 1st to Oct 17. Is it out of status?
My company told me to continue work so would it be any problem in future when I go back for stamping or on port of entry?

Appreciate your help.

Thanks.

Hello, Pravin.

When was your L1 to H1 COS filed? Was it before your L1 got expired on July 1, 2013?

Cheers,

[PravinJ]

Hello, Pravin.

When was your L1 to H1 COS filed? Was it before your L1 got expired on July 1, 2013?

Cheers,

I am not sure but it was filed before L1 expired.

- - - Updated - - -

Assuming your L1 I-94 also expired on 01-Jul-2013. Your COS should not have been approved. And you are out of status from 01-Jul onward. As you were not in status your COS H1 is also not probably valid.

Dont try to benefit from an USCIS mistake. You may be caught later on. To be on safe side leave and return with H1 stamping. Employer doesn't have anything to lose if you are out of status, maintaining valid status is your responsibility.

It shouldn't come back haunting you at a later stage when you process your GC or go for H1 stamping.

Do talk to a independent lawyer before deciding on your next move.

This is my opinion not legal advice.

Thanks! I will check with lawyer.

[Nattybone]

I am not sure but it was filed before L1 expired.

- - - Updated - - -



Thanks! I will check with lawyer.

Hello, Pravin.

Please have this checked. If your L1 to H1 COS was filed when your L1 was valid then you are fine. I do not see any trouble. That also explains why this COS was approved despite the extension getting declined.

Had you been out of status at the time of filing for L1 to H1 COS, as Raghvi mentioned you would have got an RFE. As your petition is approved and you say that the COS was filed before L1 expiration, i do not see any problem in you continuing in US.

Also, your question about your status from Jul 1 to October 17, as your L1 to H1 was filed before the L1 expired - when you were in valid status, you are allowed this waiting period of 240 Days after the visa expiry when a petition is filed and decision is awaited.

Check this out

What if I file for an extension of stay on time but USCIS
doesn't make a decision before my I–94 expires?
Your lawful nonimmigrant status ends, and you are out of status,
when your Form I-94 expires, even if you have timely applied
to extend your nonimmigrant status. Generally, as a matter of
discretion, USCIS will defer any removal proceedings until after
the petition is adjudicated and USCIS decides your extension of
nonimmigrant status request. Nevertheless, DHS may bring a
removal proceeding against you, even if you have an application for
extension of status pending.
Even though you are not actually in a lawful nonimmigrant status,
you do not accrue “unlawful presence” for purposes of inadmissibility
under section 212(a)(9)(B) of the Act, while your extension of
status application is pending if it was filed prior to the expiration of
your Form I-94.
Although you are out of status, you may be permitted, depending
on your classification, to continue your previously authorized
employment for a maximum period of 240 days while your extension
application is pending if USCIS receives your application before
your Form I-94 expires, and you have not violated the terms of
your nonimmigrant status. You may be required to stop working,
immediately, when the first of the following events occurs:
• 240 days elapses from the date your I-94 expires; or
• USCIS has made a final decision denying your extension
application.
If your application for an extension of stay is approved, the approval
will relate back to the date your Form I-94 expired, and your status
during the pendency of your application will then be considered to
have been lawful.
If your application is denied, you may be required to cease
employment and depart the United States immediately.
In addition, any nonimmigrant visa in your passport granted in
connection with your classification becomes void. Once your visa is
void, you must submit any new visa application at a U.S. consulate
in your home country (not a third country, except in rare instances
as determined by the U.S. Department of State).

I hope this helps.

Wishing you luck.

Cheers,