Complex situation

[supercomp]

Here is complex scenerio one of my family member is facing:

- Came on B1/B2 visa with spouse 3-4 years ago
- Converted to L1A with brand new company (foreign branch is in operation for 10+ years)
- Change of status to L1A was approved immeidately for 1 year.
- L1A status was subsequently renewed for additional 2 years, which expired in December 2011- Prior to expiration of L1A status, renewal/extension for L1A was applied in December 2011.
- Recently received extensive RFE on L1A extension/renewal.
- Now employer do not want sponsor L1A and L1A extension is likely going to denied.

What are options, considering L1A expired in December 2011?
- Can he apply for H1B, if he finds another job, WITHOUT leaving United States for stamping?
- Does he loose status as of December 2011 if L1A gets denied?
- Can he Change his status to ANY visa in USA to remain legally in US, WITHOUT leaving United Staes?

Thanks for your input.

[shervin143]

- Can he apply for H1B, if he finds another job, WITHOUT leaving United States for stamping?
>>> The only option available right now is to file a COS to any other status as a bridging petition based on the pending L1A extension. If L1A extension is denied, then the COS will also get denied. Search and read about bridging in immihelp.

- Does he loose status as of December 2011 if L1A gets denied?
>>> Yes. Any time spend in U.S after the I-94 expiry date will be considered as illegal stay. If you stay illegally for more than 180 days, you will get up to 3 year ban from entering U.S. If you stay illegally for more than 365 days, you will get up to 10 years of automatic ban from entering U.S.

- Can he Change his status to ANY visa in USA to remain legally in US, WITHOUT leaving United States?
>>> Not if L1A is rejected or withdrawn. Even if a H1B is filed, the chances of it getting approved with a new I-94 is pretty less if L1A is rejected. The H1B petition might get approved, but for consular process.

[supercomp]

We are assuming that L1A extension will be denied/withdrawn. I-94 expired in December 2011. Renewal was applied for before expiration of L1A I-94.

Any option to stay legally in US (without consular H1B - as family do not want to risk getting denied at consulate level after getting H1B approved in US)?

[supercomp]

Is it possible to file H1b premium process while RFE for L1A is pending? If Premium process for H1B is approved, and few months later L1A extension gets denied, what happens then?

[shervin143]

There is no other option. Withdrawing the L1A will make you illegal from Dec 2011.

We are assuming that L1A extension will be denied/withdrawn. I-94 expired in December 2011. Renewal was applied for before expiration of L1A I-94.

Any option to stay legally in US (without consular H1B - as family do not want to risk getting denied at consulate level after getting H1B approved in US)?

[shervin143]

Even if H1B is filed now, then effective date will only be on or after Oct 1st 2012 when filed under a new CAP (assuming you don't have a previous approved H1B petition within the last 6 years). The date when H1B is approved doesn't matter so much. The effective date is the one that will matter. Also, did you search and read about "bridging"? When a petition is filed as a bridging petition, if the previous one is withdrawn or denied, the bridge breaks and the second petition that is filed and approved will not hold good. You will need to leave the country and return back to make things straight in that case. Do consult a good immigration attorney.

Is it possible to file H1b premium process while RFE for L1A is pending? If Premium process for H1B is approved, and few months later L1A extension gets denied, what happens then?