Fresh H1B application denied but I have valid L1A petition/I-94 till Nov 2014

[reema]

Hi,

I have got my L1A converted from L1B on Feb 2013. L1A petition is approved till Nov 2014 and I-94 came with L1A petition is also valid till Nov 2014.
This year(2013 CAP), I applied H1B through another employer where RFE came but this employer did not reply in time and H1B denied due to lack of reply on RFE.

Now my question is , Is there any impact on my L1A status due to this H1B denial ? I am still working with my current company(who has processed my L1A) and getting salary as usual. I have not left USA since my L1B to L1A conversion.

Thanks,

[Nattybone]

Hi,

I have got my L1A converted from L1B on Feb 2013. L1A petition is approved till Nov 2014 and I-94 came with L1A petition is also valid till Nov 2014.
This year(2013 CAP), I applied H1B through another employer where RFE came but this employer did not reply in time and H1B denied due to lack of reply on RFE.

Now my question is , Is there any impact on my L1A status due to this H1B denial ? I am still working with my current company(who has processed my L1A) and getting salary as usual. I have not left USA since my L1B to L1A conversion.

Thanks,

Hello, Reema.

Unless specifically instructed to leave or otherwise, i feel, one by default assumes the older visa status.

E.g.: I am on L1A visa valid till June 2015. I file for an H1B transfer and that gets declined, my existing L1A does not get impacted. If there is a violation of legal stay, they might reject the petition on that ground and ask the petitioner to exit the US and enter with a fresh visa. Which does not seem to be the case with you.

I hope this helps.

Wishing you luck.

Cheers,