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Working in L1B, waiting for H1B COS decision, L1B I94 expire July 17th 2014, how to maintain status?

Atlanta, GA |

Plan is to move into H4 for maintaining status after July 1. Is this a valid scenario? H1B is applied as COS from L1B, but as L1B I94 expires July 17th and if i didnt get H1B result, will maintaing H4 a valid COS status for H1B?

[1] Can i change the COS to consular processing now?

[2] if i didnt get H4 result and H1B is still pending, will that cause any issue for H1B as ill be in receipt only?

[3] will making the H1B now as Premium benefit my situation (so that a result will be announced before JULY17th)

Please advise

Attorney Answers 3


If this is NOT a quota case, then you are simply in authorized period of stay by timely filing, and can wait. If the H-1B is under the quota, then it is a little technical than what you think, and you should discuss with your attorney. According to one USCIS guidance, COS is automatic on October 1. And according to another, the last action (H-4 petition in your case), supersedes earlier action (H-1B). Therefore, there are several compliance issues when ever there is a scenario involving H-1B under the quota with an intervening gap - and you are trying to fill up the gap. AVVO is for general guidance only - and hard to provide you with a compliance consultation over an online forum. You have two attorneys who filed your L-1 and H-1 - so best is to check with them. They have more knowledge of facts of your case.

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1. Maybe. What did the lawyer who filed the H papers say?

2. Maybe. What did the lawyer who filed the H papers say?

3. Maybe. What did the lawyer who filed the H papers say?

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Are you sure COS was sought? In any case, it is highly unlikely that COS will be approved considering the gap. Before July 17, consider filing H-4 to maintain status. When H-1B is approved, your employer can seek a COS amendment. This is the way I see how things move. However, your attorney knows best and you may want to run by your query with him/ her or seek independent counseling.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

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