H1B Transfer Denied, Planning to apply Appeal. Can I work while Appeal in progress?


mohan.july

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Applied for H1B to L2 COS and EAD together on Aug 17th 2015.

Went to Canada for Business on Sep 7th and returned back on Sep 11th on H1B and got new I94.

Will there be any impact on I-539 and EAD applications? Do I need to mail new I94 to USCIS?

Please clarify.

On what visa did you return back to US? COS from H1B to L2 is considered abandoned due to your travel. You will need to file I-539 again along with required documents and fee.

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Applied for H1B to L2 COS and EAD together on Aug 17th 2015.

Went to Canada for Business on Sep 7th and returned back on Sep 11th on H1B and got new I94.

Will there be any impact on I-539 and EAD applications? Do I need to mail new I94 to USCIS?

Please clarify.

 

If you leave the country, any COS is considered abandoned. Which also means the EAD would get denied since you are not in L2 status.

So, you would have to apply for a COS to L2 and the EAD again.

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So, please advice me on the next best option - (it's been almost 2 months since COS application is received by USCIS).

 

1. Withdraw the L2 COS and EAD applications?

2. Wait and See whether USCIS approves or denies?.. But I heard that, even if the COS application is approved (which should have been denied as I left the country when application in progress), it will still be considered as INVALID.... is it true?. 

 

Kindly suggest.

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