Navigating L-1 Visa Applications on an H-1B Extension Denial in the USA

Can You Apply for an L-1 Visa While in the USA on an H-1B and H-1B Extension Was Denied?

Many professionals working in the United States on an H-1B visa might wonder if they can still apply for an L-1 visa when their H-1B extension is denied. This article will explore the nuances and considerations of this situation.

Understanding the Status Conditions

Firstly, it is important to understand that even if your H-1B extension is denied, you may still be able to apply for an L-1 visa. However, careful consideration of your current status and eligibility requirements is crucial.

Important Considerations

Status

One of the paramount considerations is maintaining lawful status in the U.S. If your H-1B status has expired or if you are out of status, it can significantly complicate your L-1 application. It is imperative to ensure that your legal status remains valid.

Eligibility for L-1

To qualify for an L-1 visa, you must have been employed with your foreign company for at least one continuous year within the last three years and be seeking to enter the U.S. to work for a related U.S. company. This requirement is stringent and must be met before applying.

Filing the L-1 Application

You have a choice of how to file the L-1 petition.

While Your H-1B Status Is Still Valid: If you are still in valid H-1B status, you can file for a change of status to L-1. This option may be feasible if your extension has not yet been finalized. Out of Status and Abroad: If your L-1 application involves applying for the L-1 visa at a U.S. consulate abroad, you would need to leave the U.S. due to falling out of status. This option requires more planning and due diligence.

Legal Advice and Best Practices

Given the complexities involved, it is highly recommended to consult with an immigration attorney. They can provide tailored advice based on your specific situation and help you navigate the application process more effectively.

Final Thoughts

Staying in the U.S. without lawful status can lead to complications in future immigration applications. Hence, it is crucial to act promptly and ensure that your legal status remains in compliance. Seeking professional guidance can significantly improve your chances of successful application.

FAQs

Q1: Can I apply for an L-1 visa if my H-1B extension was denied?

A1: Yes, you can apply for an L-1 visa even if your H-1B extension was denied. However, you must maintain lawful status in the U.S. and meet the eligibility criteria for an L-1 visa.

Q2: What should I do if my H-1B extension has been denied?

A2: If your H-1B extension has been denied, you may need to obtain legal advice and plan to either apply for the L-1 visa abroad or change your status to L-1 while your extension appeal is pending.

Q3: Can I apply for an L-1 visa immediately after H-1B denial?

A3: It depends on your current status and the specific requirements of the L-1 visa. Generally, you should be out of status by the time you apply for the L-1 visa to avoid complications.