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H1B Approved-COS Denied-Staying in USA with Expired L1B & Valid L1B i94 with family

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  • H1B Approved-COS Denied-Staying in USA with Expired L1B & Valid L1B i94 with family

    Hi Friends,

    Currently i am in USA with my family, Our L1B/L2 Visa's are expired but we have valid i94 till Feb 2016.
    My H1B Approved [Received a notice in I797C] with the date 17th June 2013.

    I received another notice [COS denial] with same date 17th June 2013

    1-what i have to do for COS approval ?
    2-can i put a query about status instead of my company ?
    3-will it impact if i am planning to bring my parents /Visas?

    Thanks
    Kiran

  • #2
    Originally posted by krusaccount View Post
    Hi Friends,

    Currently i am in USA with my family, Our L1B/L2 Visa's are expired but we have valid i94 till Feb 2016.
    My H1B Approved [Received a notice in I797C] with the date 17th June 2013.

    I received another notice [COS denial] with same date 17th June 2013

    1-what i have to do for COS approval ?
    2-can i put a query about status instead of my company ?
    3-will it impact if i am planning to bring my parents /Visas?

    Thanks
    Kiran
    1. Was L1 to H1 filed as COS but denied ? OR it was filed as consular processing? If it was denied you have to find out the reasons for the same. If it was filed as consular processing why the need for COS now? In either case an amendment to the approved H1 petition can be filed to convert it to COS. Its USCIS's discretion to approve that and they would be looking at evidences of valid reasons why you would want to do it.
    2. Its the company's petition so only they and your lawyer can query about the H1 petition.
    3. No. You are good to work with L1 employer, till I-94 expiry, without leaving US.

    This is my opinion not legal advice.

    Comment


    • #3
      thank you raghvi.

      Originally posted by raghvi View Post
      1. Was L1 to H1 filed as COS but denied ? OR it was filed as consular processing? If it was denied you have to find out the reasons for the same. If it was filed as consular processing why the need for COS now? In either case an amendment to the approved H1 petition can be filed to convert it to COS. Its USCIS's discretion to approve that and they would be looking at evidences of valid reasons why you would want to do it.
      2. Its the company's petition so only they and your lawyer can query about the H1 petition.
      3. No. You are good to work with L1 employer, till I-94 expiry, without leaving US.

      This is my opinion not legal advice.

      Comment

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