H1B extension pending. Can I apply L1B ?

[townsgirl]

Hi,

Here is my case. The H1B extension was filed on July 30 2012 when I was in U.S. My I94 expired in Sep and I travelled back to my country in Oct.

Currently my H1b extension status is still in pending but not get RFE. Can I apply for new L1B visa to back to U.S or I have to wait for my H1B extension approval or Reject ? Same company will apply for L1B.

[raghvi]

Hi,

Here is my case. The H1B extension was filed on July 30 2012 when I was in U.S. My I94 expired in Sep and I travelled back to my country in Oct.

Currently my H1b extension status is still in pending but not get RFE. Can I apply for new L1B visa to back to U.S or I have to wait for my H1B extension approval or Reject ? Same company will apply for L1B.

If you qualify for L1B and can get L1B stamped in your passport you can surely go back to US on L1B.

How long have you been in US? One of the condition for L1 B is that you should have been continuously working for the L1B petitioner, abroad (out of US) for at least 1 Year out of the last 3 Years.

This is my opinion not legal advice.