URGENT - L1/L2 to H1, Traveled while COS was pending, now received two I-94s

[Chintu_USA]

Hi All,

Our L1/L2 >> to >> H1-B petition was applied as COS application. Due to some reasons we traveled back to India, while the petition was still in pending. We re-entered US on our original L1 and L2 visa.

Now, we have received our H1-B approval notice along with I-94 attached to it, which matches to our old I-94 (Before India Trip). Since we left USA while COS was pending, our petition was supposed to be approved as consular petition and COS was to be abandoned, but now we have received new I-94.

Here is the confusing situation and questions :

1) What is my current status? L1/L2 or H1B?

2) Will last action rule be applied to this case? What will be considered as last action (My new I-94 on passport / I-94 with extended stay validity received along with petition matching I-94 number before India trip.)

3) Can we apply for C-o-S and hence receive extended I-94 matching to one on my passport?

4) Can we go to Canada and re-enter in USA on our original L1/L2 status and then apply for C-o-S again? Do we get new I-94 when we visit Canada with a purpose of tourism and our travel is less than 3 days?

My current L1/L2 and current I-94 expires on Jan 2013. H1B petition is approved from Oct-2012 to Sept 2015.

Please advice!

[raghvi]

Hi All,

Our L1/L2 >> to >> H1-B petition was applied as COS application. Due to some reasons we traveled back to India, while the petition was still in pending. We re-entered US on our original L1 and L2 visa.

Now, we have received our H1-B approval notice along with I-94 attached to it, which matches to our old I-94 (Before India Trip). Since we left USA while COS was pending, our petition was supposed to be approved as consular petition and COS was to be abandoned, but now we have received new I-94.

Here is the confusing situation and questions :

1) What is my current status? L1/L2 or H1B?

2) Will last action rule be applied to this case? What will be considered as last action (My new I-94 on passport / I-94 with extended stay validity received along with petition matching I-94 number before India trip.)

3) Can we apply for C-o-S and hence receive extended I-94 matching to one on my passport?

4) Can we go to Canada and re-enter in USA on our original L1/L2 status and then apply for C-o-S again? Do we get new I-94 when we visit Canada with a purpose of tourism and our travel is less than 3 days?

My current L1/L2 and current I-94 expires on Jan 2013. H1B petition is approved from Oct-2012 to Sept 2015.

Please advice!

Which visa would you want to be? If you wanted to continue on L1 after returning you should have asked the attorney to file amendment to H1 petition to get it converted from COS to Consular processing and that might have avoided this situation.
If you wanted to be on H1 you should have waited for H1 approval, got H1 stamped and then return to US on H1.

1. Apart from USCIS I doubt if any one would be able to definitely confirm your status whether L1 or H1.
2. last Action rule will eb applied but what last action USCIS took can only be told by USCIS.
3. COS from which status to which status? You first need to confirm which status you are on.
4. I doubt travel to Canada will change your status back to L1 they normally wont give you a new I-94 when you travel for less than a Month.

This is my opinion not legal advice.

[Chintu_USA]

Hi Raghvi,

Thanks for your reply.

1) How do we get it confirmed on what is my status from USCIS? How do we confirm that I-94 attached to approved H1-B petition is invalid or not? Can I ask or petitioner has to ask?
2) What should be our next step now? Can we directly apply for L1 to H1 C-o-S once again assuming that new I-94 is invalid and clarify it to USCIS that petition should have been approved as Consular petition and not C-o-S.
3) Are we out of status now and do we have to leave US immediately? Or we have some grace period here?

Thanks!