Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.
An L1A for a start-up is heavily scrutinized by the USCIS. What you have going for you is that you entered on the B1 showing you were intending to come here to establish the investment opportunity for the US subsidiary or branch.
USCIS wants evidence of how large is your company in India - number of employees and how long has it been in business. Also it is strongly suggested you include an organizational chart with the name of key positions and the job duties, including yours.
You will be allowed to remain in the US while the request for a COS and EOS is pending but it is not an extension of stay. You are allowed to remain pending the adjudication based on the authorization of the attorney general.
Since you would be in an expired period of stay because your I-94 has expired, if the petition is denied your B1/2 is automatically voided under INA 222g and you would have to apply for a new visa back in your country.
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