H1B expiring and applied for L1A visa but not approved yet

Asked 8 months ago - Auburn Hills, MI

Hello,
My H1B visa and I94 is expiring on 5th Nov 2013, and My company applied L1A visa in premium processing and got RFE on 11th Nov and submitted RFE response on 22nd Oct 2013. But still no decision on the visa. My Premium processing time will end on 6th Nov, but in many blogs people are writing that they have completed 15days in premium processing and not received any decision yet.

My question is,
Will i be out of status on 6th Nov?
If i stay one or two days after 5th nov 2013, will this affect later like for green card processing etc.

What is the best solution for my situation

Thanks for you advice in advance.

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    8

    Lawyers agree

    Answered . You can stay in the USA until the COS is adjudicated. You cannot work for either employer after the 6th. I do always mind answering these types of questions and usually suggest to people to talk to their employer's attorney who is handling the case. I think you will benefit from doing so as well.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  2. Wendy Rebecca Barlow

    Contributor Level 19

    5

    Lawyers agree

    Answered . You would be best advised to speak with your employer's immigration attorney as they have all the relevant facts to provide the answers you need. Assuming you have filed for a change of status, you would be allowed to remain in the U.S. until a decision on the change of status request is made. You could not work for your employer until the change of status was approved. However, if your change of status has not been filed, you would fall out of status as of November 6, 2013. It is always advisable to maintain lawful non-immigrant status.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  3. Olga Bychok

    Contributor Level 17

    4

    Lawyers agree

    Answered . Talk to the company's immigration lawyer. They can help you the best.

  4. Alexander M. Ivakhnenko

    Contributor Level 20

    3

    Lawyers agree

    Answered . The company's immigration counsel should clarify every concern and issue you may have with the pending immigration case.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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