L1B visa exp Oct 2011 but I94 is till Oct 2012.Applied for L1 to H1B change of status,can i stay US after oct,if COS in review?

Asked over 2 years ago - Overland Park, KS

I94 is till Oct 29,2012. My change of status applciation is in review and no decision has been given yet. If i do not get any decision by Oct 29 do i have to go back to india. I know i cannot leave US when my application is under processing.

Attorney answers (2)

  1. F. J. Capriotti III

    Contributor Level 20

    Answered . Stay while COS is pending? YES

    Work after Oct 2012, and before H decision ... NO.

    You are looking at an unpaid vacation in the US.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. J Charles Ferrari

    Contributor Level 20

    Answered . Yes.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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