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Can I stay on L1B I94 when my H1B petition is denied?

Sunnyvale, CA |

I am on L1B and visa is expiring on Jun 2013 where as I94 is till Feb 2014. When a company apply for H1B for me in Apr 2013 and if I get to know in Oct 2013 that H1B is denied, Can I still stay on L1B's I94 till Feb 2014?

Attorney Answers 3


  1. Best answer

    If you are employed with your LIB employer, you can stay here and continue working even if your change of status to H1B is denied.


  2. If you maintain your status, yes.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. Yes.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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