Impacts on H1B if L1A ext is not approved


tmkumar

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I was out of US while my H1 got approved and I entered US with my L1A, My L1A got expired & my employer filed an extension, got RFE recently.

Considering this situation I was asked to wait till my L1A extension gets approved followed by amendment can be filed with change of status to H1.

In case if L1A is not approved I believe I would need to go for H1 Visa stamp at consulate in India.

Queries :

1. What will be the impacts on my H1 if my L1A ext is not approved.Please advise.

2. My wife has approved H1B, In case If my L1A extension is not approved can I travel to India and how soon can i come back to US with H4 (dependent)?

3. With H4. Can we file an amendment to H1 with COS, please let me know if that's an option to be considered.

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In most cases, an adverse decision absent fraud or misrepresentation on a visa application is not prejudicial to other visa applications. Depending on personal circumstances and maintenance of status, a change of status could be filed or an individual could process for the nonimmigrant visa at a US consulate or embassy abroad. It may be helpful to consult a qualified competent immigration attorney for additional personalized advice.

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