L1B to H1B COS | waiting for approval | L1B expired

[rsrt]

Greetings!

My organization applied for L1B to H1B COS conversion couple of months back (Aug15, 2011).

I didn’t get any approval notification from USCIS till today.

My current L1B visa/I-94 got expired today. (5 Years exhausted)

In the last 5 years, I have a break of 90 days (3 times went to India on vacation 30 days each time).

For any reason, if my L1B to H1B conversion got rejected by USCIS

Here are my questions:

1. What are the possible options I have to stay in the US?

2. Would I be able to claim 90 days I lost after rejection?

3. How many days we can stay in US after you getting rejected notice?

4. After rejection, if I go back to India, when I can apply for new visa?

Thanks in advance!

Raj

[Attorney_23]

Ordinarily, a person in L-1B status remains in a period of authorized stay for up to 240 days if a petition to change status to H1B is timely filed. During this period, the individual is not permitted to work. If the petition to change status is denied, the foreign national generally would need to leave the U.S. immediately. There is no 'grace period'.

The petitioner may generally file to recapture time the foreign national spent outside the U.S., but only if filed prior to the expiration date of the person's I-94. If the I-94 has already expired, the foreign national would likely need to leave the U.S. and reenter with a new L-1 visa (after an approved petition is obtained for the recaptured period of time.)

[Transformer]

1. What are the possible options I have to stay in the US?

--Since you already applied for H1 (assuming, before expiry of your L1) you can stay in Us but can't work until H1 is approved.

2. Would I be able to claim 90 days I lost after rejection?

--If your I-94 is still not expired

3. How many days we can stay in US after you getting rejected notice?

--0 days. Leave immediately

4. After rejection, if I go back to India, when I can apply for new visa?

-- Yes

First thing I would suggest is to upgrade your H1 to premium. Actually you should have done this long back. Most important thing is DO NOT work until your H1 is approved (after the expiry of L1 I-94).

[mmrigank]

My L1 is expired and extension rejection is updated online on 17th october. But my employer has not received the denial notice yet, and they are asking me to wait till they receive the notice. can i wait or should leave immediately ?