New H1 While L1 is in extension process

[sunee]

Hi,

I came to US in 2009 with L1-B visa. My visa got expired on 23rd August 2011. My employer has applied for extension on August 8th 2011. Still the status is "Initial Review".

I asked my employer to apply for H1-B visa and they are saying..since my L1 is in extension process, they can't apply for new H1-B. Is it true?

If yes, what are the other options I have?

Please help me in this.

[sunee]

Please help me in this....

[kabkaba]

If your I-94 has expired, you have few options to continuously stay in the US. L1 petition has to get approved before any other petition can get approved.

[sunee]

Thanks for your reply.

My I-94 is also expired on Aug 23rd. I heard that there are lot of rejections for L1 extension. Thats why I'm thinking about new H1. In any case, If I need L1 extension approval, there is no use of new H1. Am I right?

Could you give me some suggestions to continue my stay in US (My L1 extension has more changes to get rejection).

[kabkaba]

It is not possible to change to another status after your I-94 expires. There is no legal way to stay in the US past your I-94 date if L1 extension gets denied.