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New Member
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Oct 18, 2011, 12:25 PM
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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..
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Senior Member
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Oct 18, 2011, 02:22 PM
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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.
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New Member
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Oct 18, 2011, 02:31 PM
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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?
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Senior Member
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Oct 18, 2011, 03:14 PM
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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.
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New Member
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Nov 18, 2011, 02:28 PM
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FYI. My h1b petition is denied due. The reason for it is "providing the end client letter."
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Senior Member
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Nov 19, 2011, 08:34 AM
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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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