L1 Visa and I94 Expired Employer filed L to H conversion

[pta20052011]

Hi,

My Visa and I-94 expired on 07-Jan-2012. My employer had already applied for L1 B extension on 05-Dec-2011. I got an RFE and responded. The decision for L1 B extension is pending with USCIS. In this scenario, my employer filled L to H conversion petition. So, I have the following question. Please clarify this.

1) Whether L to H conversion is a valid application, since, I don't have a valid I-94 or Visa or my employer should have applied for fresh H1?

2) If my L1 extension gets approved, do i need to update my I-94 status to USCIS for H1 processing?

3) If my L1 extension gets rejected, does that means rejection of my H1 B as well, or my H1 processing is still valid?

Thanks in advance

[shervin143]

1) Whether L to H conversion is a valid application, since, I don't have a valid I-94 or Visa or my employer should have applied for fresh H1?
>>> Yes it is valid. But the H1B will get approved with a new I-94 only if the L1B extension gets approved. The COS will get denied if the L1B is rejected. Search and read about "Bridging" petitions.

2) If my L1 extension gets approved, do i need to update my I-94 status to USCIS for H1 processing?
>>> If the H1B is filed based on the pending L1B extension, then there is nothing you need to do. If not, the chances of the H1B getting approved for COS is too less.

3) If my L1 extension gets rejected, does that means rejection of my H1 B as well, or my H1 processing is still valid?
>>> H1B petition might get approved without COS. It may get approved for consular process. All the time spend in U.S after the last I-94 expiry date will be treated as illegal stay. It is advisable you upgrade your L1B extension to premium. If yuor illegal stay extened beyond 180 days, you can get up to a total of 3 year ban from entering U.S.

[pta20052011]

Thank you for clarifying.