L1B/I94 expired...extension filed. Any options to stay back if rejected?

[naveen0384]

My L1B got/I94 got expired 09/29/2012 and extension has been filed by my employee in october 2012 and still in progress...

If the extension gets rejected, is there anyway i can stay back by filing a new petition immediately or should i go back to india?

Am planning to file for New H1 petition if i have to go back india upon L1 extension rejection, is there a way i can come back with B1 visa to US and switch to H1 once it gets eligible from Oct 2013?

[raghvi]

My L1B got/I94 got expired 09/29/2012 and extension has been filed by my employee in october 2012 and still in progress...

If the extension gets rejected, is there anyway i can stay back by filing a new petition immediately or should i go back to india?

Am planning to file for New H1 petition if i have to go back india upon L1 extension rejection, is there a way i can come back with B1 visa to US and switch to H1 once it gets eligible from Oct 2013?

How come you filed extension request after I-94 expiry? I doubt USCIS will approve it under that circumstance.Your I-94 has already expired and its already been 120+ Days hence if the extension request is denied you should leave US immediately.

If L1 rejected and you having been out of status for over 120 Days I would not suggest you come back on B1 and try for B1 to H1 COS it will only make matters more difficult for you. Firstly because if you are filing for H1 while in India it would be a petition requesting consular processing that is at a consulate in India. Once you are in US you would have to first get that petition changed and simultaneously apply for B1 to H1 COS. Its not only risky but a costly affair too to get all this done with very little chances of success. You would be better off with less risk if you get H1 stamped and return to US 01-Oct-2013 or later.

This is my opinion not legal advice.

[naveen0384]

Sorry that was a wrong date....Oct 2012 RFE response was filed...but the initiation happened well b4 09/29/2012(Visa/I94 expiry).....

[raghvi]

Sorry that was a wrong date....Oct 2012 RFE response was filed...but the initiation happened well b4 09/29/2012(Visa/I94 expiry).....

In that case at least it wont get rejected outright. But Still 120+ days is way too long. With H1 Cap date approaching I suggest you upgrade to premium to get a quicker decision.

Though theoretically it is possible to come back on B1 and later file a B1 to H1 COS. It generally is a lawyer intensive and legally challenging taking lot of paperwork and documentation to convince USCIS. B1 visa doesnt have immigrant intent whears H1 does, so USCIS is very reluctant to do a B1 to H1 COS too. I would not suggest that route.

This is my opinion not legal advice.