L1B extension in RFE and H1B COS approved

[sss283]

Hi,

My L1B and I 94 expired on 21-April-16. My company filed L1B extension on Feb-2016. I'm in my 5th year on L1B so my company applied for L to H conversion and my H1B was picked in lottery in April 2016. I received H1B RFE on 2nd Sep 2016 and my company responded to it in premium and my H1B was approved on 29th Sep 2016. On 8th Sep i received RFE for my L1 extension.

My understanding is my status should have been changed from L to H starting 1st Oct.
1. What will happen if my company withdraws my L1 extension? will my stay from 22 April to Sep 30 be considered illegal?
2. What will happen if they respond to my L1 RFE and it gets Approved later in Oct or Nov?
3. What will happen if they respond to my L1 RFE and it gets Denied later in Oct or Nov?

I'm really confused. Please advise. Thanks.

[raghvi]

Hi,

My L1B and I 94 expired on 21-April-16. My company filed L1B extension on Feb-2016. I'm in my 5th year on L1B so my company applied for L to H conversion and my H1B was picked in lottery in April 2016. I received H1B RFE on 2nd Sep 2016 and my company responded to it in premium and my H1B was approved on 29th Sep 2016. On 8th Sep i received RFE for my L1 extension.

My understanding is my status should have been changed from L to H starting 1st Oct.
1. What will happen if my company withdraws my L1 extension? will my stay from 22 April to Sep 30 be considered illegal?
2. What will happen if they respond to my L1 RFE and it gets Approved later in Oct or Nov?
3. What will happen if they respond to my L1 RFE and it gets Denied later in Oct or Nov?

I'm really confused. Please advise. Thanks.

Did H1 get approved with a new I94? Check the H1 approval notice, I797, whether it has a new I94 at its bottom.

This is my opinion not legal advice.

[sss283]

Yes, H1B got approved with I-94. It has my old i-94 number but the validity is starting 10/01/2016 and given it for 1 year.

1. What will happen if my company withdraws my L1 extension? will my stay from 22 April to Sep 30 be considered illegal?
2. What will happen if they respond to my L1 RFE and it gets Approved later in Oct or Nov?
3. What will happen if they respond to my L1 RFE and it gets Denied later in Oct or Nov?

[raghvi]

Yes, H1B got approved with I-94. It has my old i-94 number but the validity is starting 10/01/2016 and given it for 1 year.

1. What will happen if my company withdraws my L1 extension? will my stay from 22 April to Sep 30 be considered illegal?
2. What will happen if they respond to my L1 RFE and it gets Approved later in Oct or Nov?
3. What will happen if they respond to my L1 RFE and it gets Denied later in Oct or Nov?

I dont think USCIS approving the H1 with I-94 was correct as technically one can be in valid status from 01-Oct-2016 only if one is in a valid status on 30-Sep-2016, which in your case is still pending.

1. Yes.
2. You would be back to L1 as per last action rule.
3. You would need to leave US and re enter on a valid H1 visa post fresh H1 stamping.

This is my opinion not legal advice.

[sss283]

I checked with my company's immigration team about the last action. They responded me stating, they will respond to the L1B RFE requesting the L1B extension to be effective only 30-Sep-2016. They say that i will have my H1B to depend upon after 01-Oct-2016. They also told that i can get my H1B stamped later when i go out on an International travel. Please provide me your thoughts.

[raghvi]

I checked with my company's immigration team about the last action. They responded me stating, they will respond to the L1B RFE requesting the L1B extension to be effective only 30-Sep-2016. They say that i will have my H1B to depend upon after 01-Oct-2016. They also told that i can get my H1B stamped later when i go out on an International travel. Please provide me your thoughts.

And what if L1 is rejected?

[sss283]

And what if L1 is rejected?

They told that i need not travel out immediately even if the extension is rejected. Keeping my fingers crossed.

[raghvi]

They told that i need not travel out immediately even if the extension is rejected. Keeping my fingers crossed.

I somewhat disagree, because if L1 extension is rejected then your time between April 2016 till date of rejection is considered out of status period.

This is my opinion not legal advice.