[mkchumma]

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..

[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.

[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?

[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.

[mkchumma]

FYI. My h1b petition is denied due. The reason for it is "providing the end client letter."

[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.