L1 RFE - (Backup plan H1B visa 2012 Quota)

[SJacob]

Hi

I got my RFE for my L1 B Extension and due date to file RFE Response is on sep 2011. My company is ready to do H1 for me, but after getting the result for L1 visa. My I 94 got expired on Apr 29th 2011.

Worst-case scenario, if I get response by October and if my L1 got denied.

Q.S:

1) Can I stay in US, if my company is filling H1B Premium on October in the next day of knowing the result?

Kindly appreciate your response.

Regards,
SJ

[shervin143]

You should leave U.S immediately. Your stay in U.S past the I-94 expiry date will be treated as illegal stay. More the illegal stay, the more trouble that you are inviting. When you are illegal, the H1B is not going to get approved with a new I-94. You cannot work without the H1B getting approved as a COS.