L1B Individual extension and H1B COS to consular processing

[ankitbarot.msccait]

Hi,

I have question regarding "Out Of Staus".

1. My L1B and I94 expired on 7Sep2013 from my current employer.

2. This year I filled H1 from Employer NEW. Both H1 and COS was approved starting 1Oct2013.

3. This COS was approved in error (as old I94 was valid till 7sep13 only) so I filled amendment to H1 to change from COS to consular processing on 19Sep2013 which is still pending.

4. My current employer also filled L1B extension and it is still pending.

With above situation:

Is my stay in US illegal?

Am I out of status?

My understanding is as long as an application for changing from H1 COS to consular is filled before 1Oct2013, it is Ok. It does not have to be approved before 1Oct2013. Could you please let me know if that's not right?

Any help would be great help.

[Nattybone]

Hi,

I have question regarding "Out Of Staus".

1. My L1B and I94 expired on 7Sep2013 from my current employer.

2. This year I filled H1 from Employer NEW. Both H1 and COS was approved starting 1Oct2013.

3. This COS was approved in error (as old I94 was valid till 7sep13 only) so I filled amendment to H1 to change from COS to consular processing on 19Sep2013 which is still pending.

4. My current employer also filled L1B extension and it is still pending.

With above situation:

Is my stay in US illegal?

Am I out of status?

My understanding is as long as an application for changing from H1 COS to consular is filled before 1Oct2013, it is Ok. It does not have to be approved before 1Oct2013. Could you please let me know if that's not right?

Any help would be great help.

Hello, Ankit.

When did you file for L1 extension? If you filed for L1 extension post 7 Sep 2013 as you had H1 COS approved then you might not be in status. If you filed for L1 extension prior to 7 Sep 2013, then you are fine.

Personal opinion.

Wishing you luck.

Cheers,

[ankitbarot.msccait]

My L1 extension was filed on 5 Sep 2013 (prior to 7sep13).

Based upon your opinion, I was think it is Ok.

Thank you very much for your reply. It is helping lots of people like me.