Stay after i-94 expiry while L-H adjustment of status is pending


s.naveenraj

Recommended Posts

Hi,

I am currently on L1 visa and my i-94 is expiring on 11-Oct-2018.  I had applied L-H1 Adjustment of Status application this yea r(2018) and my H1 petition is picked up in the lottery.


Questions:
1. Can I stay in US after i-94 expiry while L-H adjustment of status is pending with USCIS?     
   (With the current trend, we see many RFEs on H1 petition and the processing gets delayed)

2. Can I file L1 extension while L-H adjustment of status is pending with USCIS ?  So that in case, If my H1 is not approved I can still continue on L1

Link to comment

Please use the proper terms. Adjustment of Status is filing an I-485 for a Green card.

What you are talking about is Change of Status (COS.)

You are legal while the COS is pending. However, you can't work after your L1 expires. And you would have to leave the country if the H1 is approved after your L1 expiration and before Oct. 1.

If you file an L1 extension, it could happen that it gets approved after the J1, and with the last action rule, you may end up being on L1 again.

Link to comment

Archived

This topic is now archived and is closed to further replies.