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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.

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Attorney answers 3


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.

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.


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.)


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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