L1 extension during L1-H1 COS in process

[s03031f0013]

Hi,
I am working for company A on L1 visa from Apr 2009.
My L1B is valid till Mar 2011.
My I94 is valid till Mar 2012.

My company applied for L1-H1 change of status in May 2010.
It is still pending.

Now I need to travel to India. I will be coming back in Mar. By then my L1b will be expiring.

Can I apply for L1 extension during L1-H1 COS is still in process?

What will happen to my COS if I extend my L1B?

What will happen if my COS is approved by the time I come back?

Whether I am on L1 or H1, I will be working for company A only.

[shervin143]

It is never advisable to travel when a petition is pending with USCIS. The petition being pending for more than 7 months is odd. Your company attorney should take an info pass appointment with USCIS to discuss the case.

You can apply for the L1 extension while H1B COS is pending. However, your staus will be as per the last petition that gets approved iwth an I-94. You need to apply the last action rule to figure out in which status you in. Search and read about the posts related to last action rule in immihelp.

[s03031f0013]

Ok, I'll check it out. Thank you very much for the quick response.