If my L1 application is denied and my B1 expires then can I travel again in the US on a B1/B2 visa?

*L-1 Intracompany Transferee Visa Petition* An L-1 Visa is one of the nicest working visas as it allows you to run your own business or a business owned by the foreign company. If you have your own business outside the U.S. and have been working there for at least one year, you can come to the U.S. on the L-1 Visa. Additionally, your spouse and unmarried children under 21 years old can come as beneficiaries to your approved L-2. Your children will be able to go to school in the U.S. without having to get a separate student visa (as long as they are not in college.). A great deal of the success of the L-1 Petition is how it is prepared. Unlike other investment related visas, the investment in the U.S. business could be as low as $10,000U.S. My firm can prepare the entire petition. This petition is usually 2-4 inches thick. It consists of the petition itself, the complex business plan with numerous charts and figures, and if needed, the incorporation papers. Once submitted, it could take as little as a couple of months to get approved if premium processing is used. Otherwise, it could take over one year. It cost $1,500 more in fees to do the Premium Processing. My firm can also do the incorporation of the business in the U.S. It is more than simply preparing the Articles of Incorporation as immigration requires many other documents such as the Stock Transfer Ledger, Stock Certificates, Bylaws, Notice of Meetings among other items. Your B1 will no longer be valid.

Chances are that your initial B1 admission authorized your stay in the U.S. for 6 months (this is the default, check your passport and Form I-94 for actual admission limit date). The processing time on a L-1 application is up to 2.5 months. Therefore, it is likely that, if you file for an L-1 right away, you should receive the decision before your B-1 status expires. If you do not receive the decision in time, you can go home and, when the decision comes, go to the U.S. Consulate for a visa appointment and get the L-1 visa stamped into your passport. If the application for L-1 is denied, you should have no problems visiting the U.S. on your B1 visa.

You can always try to come back on the b-1.

If your L-1 change of status application is denied after your current B status, your b visa becomes void and you cannot use it anymore and you will be out of status immediately.

You need to speak to an immigration attorney to determine whether you are eligible for an L-Visa prior to filing. With regards to your B-Visa, as long as it is valid and you do not overstay, you should not have any problem returning to the U.S.

From what you have described it sounds as though you may want to pay for expedited processing on the L visa. The 60 day wait may not be necessary depending upon the facts of your last admission and visa issuance. If I can be of further assistance please let me know.

As long as the L-1 petition is submitted before your authorized stay has expired as indicated by your I-94 card, you will be considered in status for up to 6 months while your petition is being adjudicated. You can also request premium processing on form I-907 for an additional $1225 and USCIS will process your paperwork within 15 days.

Not sure shy your friend told you to wait 60 days, that is generally recommended when one come in on a non-immigrant and then files for an immigrant visa. To answer your question, if you change of status gets denied you still will be in your previous status, B1 up until the expiration on your I-94 card. You can leave and come back into the US on the B1 as usual to reactivate it and receive additional time. However, you should make sure you follow all applicable rules and regulations regarding your B1 status while in the US, i.e. do not work without authorization. I

As long as you have timely filed for a "change of status" with USCIS from B-1 to L-1 (A or B) prior to the current expiration of your authorized period of stay (as reflected on your currently valid I-94 which received from the admitting officer at your most recent point of entry) you are considered to still be "in status" under your B visa and your period of authorized stay is extended automatically until the Service either approves the COS or denies your petition. Should you receive a denial of your petition, however, you should be prepared to leave the country immediately to avoid accumulating unlawful presence time which would potentially affect future immigration-related efforts on your behalf.