QUESTION
Will my current I94 in L1B status be invalid if my COS Application to H1B (filed through another employer) is rejected?
Asked on Jan 30th, 2014 on Litigation - New Jersey
More details to this question:
I have a valid I-94 until this October 10th 2014. My current status is L1B. My current employer would not do a COS from L1B to H1B. I'm considering doing a COS from L1B to H1B this year April 2014 through another employer in U.S. I understand that if I’m selected in lottery and my COS to H1B petition is approved, then I’m good to start work on H1B from October 1st 2014. Here is my question: Will I have to exit the country and also my current employer? Please clarify as I have to decision either to file COS H1B with another employer (or) to apply for L1B extension with my current employer (in case my current I-94 will become invalid if H1B is rejected). Appreciate your advice on this.
2 ANSWERS
It depends on how the H-1B petition is filed, as consular processing or as COS. If it is denied, it does not impact your L-1B, however.
Answered on Feb 05th, 2014 at 2:53 PM
General Practice Attorney serving Edison, NJ
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The Law Offices of Peter S. Kollory
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You are safer with an L1 extension, either way.
Answered on Feb 04th, 2014 at 5:06 AM