Immigration Issues/L1 extension to H1

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Question
I am on L1 B visa that expired in July starting 2011, have already applied for an extension. I have a few questions.

a) If the L1 extension is rejected, what are the options available  such that i can continue working here?

b) Can my employer(with whom i am on L1) apply for my H1 right away? If H1 is approved before L1 extension results, will approval/rejection of L1 extension still matter?

c) What is the role of COS in the above scenario?

Please guide how to proceed as the trend seen in my company is that a few L1 extensions have been rejected in last few months and there are another few cases where RFE has already come on L1 extension.
Thanks.

Answer
I am on L1 B visa that expired in July starting 2011, have already applied for an extension. I have a few questions.

a) If the L1 extension is rejected, what are the options available  such that i can continue working here?

ANSWER: YOU CAN ALSO TRY H1B, BUT YOU MAY HAVE TO RETURN TO HOME COUNTRY TO PROCESS THE VISA BECAUSE YOU WILL BE OUT OF STATUS IMMEDIATELY AFTER THE L1 EXTENSION IS DENIED AND IF YOU ARE OUT OF STATUS IN THE US YOU WILL NEED TO RETURN HOME FOR VISA STAMPING.

b) Can my employer(with whom i am on L1) apply for my H1 right away? If H1 is approved before L1 extension results, will approval/rejection of L1 extension still matter?

NO IF YOU GET A COS APPROVED BEFORE L1 IS DENIED THEN YOU WILL CHANGE STATUS TO H1 AND L1 APPROVAL OR REJECTION DOES NOT MATTER.

c) What is the role of COS in the above scenario?

I AM NOT SURE WHAT YOU MEANT BY THIS QUESTION.

Please guide how to proceed as the trend seen in my company is that a few L1 extensions have been rejected in last few months and there are another few cases where RFE has already come on L1 extension.

THEN I RECOMMEND FILING AN H1B BEFORE L1 APPROVAL/DENIAL TO HAVE A SECOND CHANCE.

Thanks.

Immigration Issues

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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