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Question on Moving from L1A to H4 to H1B to ensure continuous stay in US

Jacksonville, FL |

My L1-A I-94 has expired and the Extension is in RFE. My employer is gonna file RFE response.
Meanwhile, I have applied H1B through another employer. H1B is in processing. My plan is to change the employer from 1st Oct when H1B gets approved (hopefully).
If the L1A extension is denied before 1st Oct, I will have to leave the country.
Since my spouse is in H1B, I am planning to file H4 at the same time as filing L1A RFE response.This way, assuming H4 gets approved before L1A denial, I can still stay in the US.
1) If I have H4 receipt but not approval and L1-A is denied, Can I stay in US?
2) If H4 gets approved before L1A and H1B decisions, Can I be on unpaid leave or should I resign the L1A job? I would prefer to keep L1A job till H1B approval

Attorney Answers 3

  1. Best answer

    1. yes

    2. You do not need to resign your L-1A job until a denial decision is issued.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  2. Why didn't you ask one of your two lawyers? What did they say?

    Free Consultation Anywhere in USA | 626-399-4194 | |

  3. My colleagues are correct. You have a lot of questions, not enough space to thoroughly answer each of them in this forum. I suggest that you meet with an experienced immigration attorney.

    Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.

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