L1-B visa extension

[XYZ_USA]

You can be Cap Exempt only if you were counted in Cap in last 6 Years. Did you ever have an approved H1 petition in last 6 Years? If not then there is no way a company can file a Cap exempt petition for you.

USCIS allows one to file extension as early as 6 Months before I-94 expiry, its always dicey and risky to file extension till last moment and stay on an expired I-94 while awaiting extension decision because if extension gets denied, your stay after I-94 expiry is considered illegal. So in your example timeline, your stay from I-94 exiry till Aug 2012 will be considered illegal and can certainly affect your future petitions, stamping, GC processing etc.

Just applying for GC is not enough. One has to go through various stages in GC before one is eligible to work on GC. There is a different section dedicated in Immihelp for GC, please go through that.

The above is my opinion, not legal advice.

Thanks again. Cap Exempt i am referring is the organizations that are eligible ie., higher education institutions or subsidary of them. Well i know that GC is long process, but applying for GC and getting a priority date and awaiting for Labor approval can add any advantage is L1 B Extension ? . Also is it possible to transfer from L1 B to L1 A (assuming I am eligible for L1A).


Thanks once again in advance.

[info2012]

Dear all,

I'm working in US on L1B. My I94 expiry date is on 23rd March,2013. I've heard that my employer can file petition for H1B on April,2013. Is it possible that I will continue my stay till I get H1B or I have to back to my home country?

[raghvi]

Dear all,

I'm working in US on L1B. My I94 expiry date is on 23rd March,2013. I've heard that my employer can file petition for H1B on April,2013. Is it possible that I will continue my stay till I get H1B or I have to back to my home country?

Unless your company files an extension for your L1, you cannot stay beyond 23rd March 2013. The H1 even if filed in April 2013, if it is a fresh one, can be effective only from 01 Oct 2013. Unless your L1 extension is approved and the subsequent H1 is filed as a COS and is also approved as a COS, you will have to go out of US and return only after getting a fresh H1 stamp. This is my opinion not legal advice.

[info2012]

Hi friends,

Currently I'm in US and am on L1-B visa. My visa and I-94 is getting expired on 23rd March,2013. Can you please let me know
My employer is going to change my status from L1 to H1-B which is going to start from 1st April,2013 and it will become active from Oct, 2013.
is it possible that I do not need to go back to my home country during this time and I can continue my work from US?

[raghvi]

Hi friends,

Currently I'm in US and am on L1-B visa. My visa and I-94 is getting expired on 23rd March,2013. Can you please let me know
My employer is going to change my status from L1 to H1-B which is going to start from 1st April,2013 and it will become active from Oct, 2013.
is it possible that I do not need to go back to my home country during this time and I can continue my work from US?

Asking the same question again and again will not change the answer. If you are filing a fresh H1 then its start date will only be 01-Oct-2013 or later. On what visa are you going to stay in US from 23rd March 2013 till 01-Oct-2013? You dont have a valid I-94 or visa to stay in US during this period. The only way for you to not go back to home country and continue work is to apply for L1 extension and get it approved.

This is my opinion not legal advice.

[XYZ_USA]

Asking the same question again and again will not change the answer. If you are filing a fresh H1 then its start date will only be 01-Oct-2013 or later. On what visa are you going to stay in US from 23rd March 2013 till 01-Oct-2013? You dont have a valid I-94 or visa to stay in US during this period. The only way for you to not go back to home country and continue work is to apply for L1 extension and get it approved.

This is my opinion not legal advice.

Hi Raghvi - I heard that a fresh L1 Petition can be file from Canada and get stamped and come back to US. Is this possible, Can u pls share some opinions and thoughts on the same. Heard that this is more favourable than L1 Extension in current situation

Regards,
XYZ_USA.