Skip to main content

H1B expiring and applied for L1A visa but not approved yet

Auburn Hills, MI |

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


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 as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

Mark as helpful

8 lawyers agree


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 as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

Mark as helpful

5 lawyers agree


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

Mark as helpful

4 lawyers agree


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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602

Mark as helpful

3 lawyers agree

Employment topics

Recommended articles about Employment

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics