L1 Expired and Extension Denied to H4 Conversion

[RusticMyth]

Hi,

I had a valid L1-B visa which expired in August, my company filed the extension in July in premium processing. I received an RFE in August which we responded in back in September. Then i got a denial which i can see online but the physical notice has not yet been received for the reason for rejection. My company has agreed to file an appeal against the rejection.

My wife is on an H1 and i will file an H4 while my appeal is being filed so that I do not have to travel back and can stay in US.

The question I have is:
1) Can I file an H4 while my appeal is going on ?
2) Will filling an H4 effect my appeal process ?
3) What happens during my H4 petition will i lose the L1 "awaiting decision" status and no longer be able to work for my company?
4) I have my PERM and I-140 approved is it of any use as I do not have H1?

Any help/Suggestion will help. As there are a lot of uncertainty.

Regards
Ravi

[raghvi]

Hi,

I had a valid L1-B visa which expired in August, my company filed the extension in July in premium processing. I received an RFE in August which we responded in back in September. Then i got a denial which i can see online but the physical notice has not yet been received for the reason for rejection. My company has agreed to file an appeal against the rejection.

My wife is on an H1 and i will file an H4 while my appeal is being filed so that I do not have to travel back and can stay in US.

The question I have is:
1) Can I file an H4 while my appeal is going on ?
2) Will filling an H4 effect my appeal process ?
3) What happens during my H4 petition will i lose the L1 "awaiting decision" status and no longer be able to work for my company?
4) I have my PERM and I-140 approved is it of any use as I do not have H1?

Any help/Suggestion will help. As there are a lot of uncertainty.

Regards
Ravi

1. Assuming your L1 I-94 has expired then filing a COS to H4 would be fruitless as one cannot file a COS is out of status.
2. No it would not but I doubt it will be helpful either.
3. You cannot work while the appeal has been filed.
4. I dont think so.

This is my opinion not legal advice.

[RusticMyth]

Thanks for the response

Should i go for appeal or should i go for L1A. Or should i go both in parallel.

[raghvi]

Should i go for appeal or should i go for L1A. Or should i go both in parallel.

Your attorney would be the best person to recommend that based on the merits of each and your qualifications for the visa. But I don't think you can work in either of the cases.

This is my opinion not legal advice