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-   Immigration Law (https://www.askmehelpdesk.com/forumdisplay.php?f=167)
-   -   L1b to h1b (https://www.askmehelpdesk.com/showthread.php?t=604938)

  • Oct 18, 2011, 12:25 PM
    mkchumma
    L1b to h1b
    Hi, I am working on employer A on L1B visa and now applied for h1b and waiting for a approval notice. Next week my employer A is planning to cancel the l1b. But I have valid I-94 until next year. So is it legal to stay with I-94 even though l1b is cancelled..
  • Oct 18, 2011, 02:22 PM
    NYcityboy
    Yes if your change of status to H-1B was timely filed and it was filed as a COS and not for consular notification. Please note that you are not staying in the US with authorization based on the issued L-1B I-94, but as an applicant for a change of status to H-1B.

    You cannot work as an H-1B (no H portability) until you have the approval in hand as you were not in H-1B status previously.
  • Oct 18, 2011, 02:31 PM
    mkchumma
    Thanks. Have another question - so in case, for any reason COS is requested for RFE/denied then do I have to leave this country immediately?
  • Oct 18, 2011, 03:14 PM
    NYcityboy
    They give you a "reasonable" amount of time, but the exact time is not specified in the regs. You are still authorized to stay during the RFE period, but cannot work.
  • Nov 18, 2011, 02:28 PM
    mkchumma
    FYI. My h1b petition is denied due. The reason for it is "providing the end client letter."
  • Nov 19, 2011, 08:34 AM
    NYcityboy
    Sorry to hear about the H-1B COS denial. Have you discussed with the attorney the chances on an appeal? If you re-apply now, you will need to leave the US to apply for the visa after it is approved.

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