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May one legally stay in the US while waiting for a decision on an L-1B petition?

Burbank, CA |

Employee legally entered US on B-1. Extension for B-1 (out to 10/30) is pending. Employer filed for H-1B, received RFE, responded to RFE, H-1B denied. Employee received RFE for B-1, responded to RFE, waiting for decision. Employer is considering filing an L-1B petition for employee. 1) If B-1 extension is approved and L-1B petition is filed, may employee legally stay in US AFTER 10/30 and until L-1B is approved or denied? 2) If B-1 extension is denied and L-1B petition is filed, may employee legally stay in US after receipt of B-1 extension denial and until L-B is approved or denied? Presumably employee will be able to change to L-1B status in US if petition is approved and employee is legally in US.

Attorney Answers 3

Posted

One needs to be in a valid nonimmigrant status for the employer to seek chance of status on his or her behalf. Waiting for a decision is not a valid nonimmigrant status.

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Posted

If L-1B is filed before 10/30 you may remain until it is adjudicated. If the B-1 is approved and gives you a status later than 10/30 then you need to file the L-1B before that date (but if you don't know by 10/30 then that is your deadline.)

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Posted

One must maintain a valid status to apply for any statutorily available chance of status on valid grounds to benefit from that while being in that unexpired status de facto.

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