Need help on this L1 status

[maverick1212]

Hi,

I need help for this complicated situation

I'm currently on L1 with company A and my visa and I-94 has expired last week.My company A has filed L1 extention for my petition. Company B has also filed H1 for me and it is in RFE status. I have the following questions.

Eventhough my I-94 is expired,I'm staying in US since I'm waiting for the decision from USCIS.I have these questions.

1) If H1 is approved before L1 is approved,Can I change my status to H1 later and work on H1 without going back to India for stamping?

2) If my L1 is rejected,Can I still continue in US since H1 decision is in progress?Since L1 is no longer valid,what would be my status now?

Thanks

[kabkaba]

Hi,

I need help for this complicated situation

I'm currently on L1 with company A and my visa and I-94 has expired last week.My company A has filed L1 extention for my petition. Company B has also filed H1 for me and it is in RFE status. I have the following questions.

Eventhough my I-94 is expired,I'm staying in US since I'm waiting for the decision from USCIS.I have these questions.

1) If H1 is approved before L1 is approved,Can I change my status to H1 later and work on H1 without going back to India for stamping?

Depends on how H1 is approved. If H1 is approved with change of status, you must immediately leave the L1 employer and join the H1 employer. L1 must be withdrawn in this case or otherwise if L1 is approved later, you will again have to leave H1 employer and join L1 employer.
If H1 is approved without change of status, you will have to continue with L1 employer and you can only join H1 employer after you change status to H1.


2) If my L1 is rejected,Can I still continue in US since H1 decision is in progress?Since L1 is no longer valid,what would be my status now?

If H1 is filed with change of status request and it was received by USCIS before L1 I-94 expiry, then you can stay in the US. You cannot however work for either employers.

Thanks

See above.

[maverick1212]

Thanks for the reply. If my H1 is filed with change of status and it is approved and my L1 gets approved after on, are you saying that I have no option to work on l1 for some more time and have to work on H1 immediately?Can't I do it after 4-5 months whenever I wanted to shift to H1?

[kabkaba]

If there is an I-94 at the bottom of H1 approval notice, you must be working for the H1 employer from the start date of that notice. Any work for any other employer is illegal. If L1 extension gets approved after H1 change of status, your status changes to L1 again and then any work for the H1 employer will be illegal. That is why it is recommended that one does not have 2 status related applications at the same time.

[maverick1212]

Thanks.My H1 employer has said that by the time my H1 is approved if my L1 extention decision is pending,then I need to go back to India for H1 stamping without which I can't work on H1 eventhough it is approved.Becasuse at the time of H1 approval,my status is not known since my I-94 is expired before H1 approval and L1 is not yet approved.

Do you think this is a valid statement?

[kabkaba]

IMO your status depends on the latest I-94. If H1 is approved with I-94, your status is H1 and you must maintain it.
You can consult an experienced attorney of your own (not the same as employer's attorney) if you want better help. The case is complicated and you should not invite such status complications for future filings.