L1 to h1 visa

[sudhirsingh3]

Hi Guys I am a new member. I need urgent help regarding this query. (L2 TO H1 VISA)

I am on L2 visa which is going to get expired in September 2013. Can I transfer from L2 to H1 Visa for the year 2013.

If my H1 visa get approved will i be entitled to stay in USA or do i have to leave the country and come back again because i will only be able to start working on H1 after October 2013, as my L2 is getting expired in september 2013

Looking for a positive response guys.

[shervin143]

I am on L2 visa which is going to get expired in September 2013. Can I transfer from L2 to H1 Visa for the year 2013.
>>> If you have the L1 I-94 valid till the end of Sepetmber 2013, then any employer can file a new H1B petition as a COS from L1 to H1B on or after April 1st 2013 (the CAP should remain open to file a new H1B petition) and you can start woring in H1B status from Oct 1st 2013. You can only stay in U.S for a max period of 6 years in L1 + H1B combined. Extension after 6 year is possible only if the GC process is initiated 365 days prior to the end of the 6th year.

If my H1 visa get approved will i be entitled to stay in USA or do i have to leave the country and come back again because i will only be able to start working on H1 after October 2013, as my L2 is getting expired in september 2013
>>> It depends on when your L1 expires. If the L1 is valid until the end of September, then you can stay and start working from Oct 1st. If the L1 expires in early September, then you will have to leave and return back in H1B visa.

[sudhirsingh3]

Hi Thanks for your reply. just need to ask one more thing that my visa ias getting expire on 15th september 2013. So do i still need to leave the country because officially i can only start working from Oct 1.

[shervin143]

Yes. Anytime spend in U.S without a valid I-94 will be treated as illegal stay. Unless your employer files the L1 extension, you cannot stay beyond the current I-94 expiry date. But filing the L1 extension with the H1B COS about to happen on Oct 1st is risky. If you are planning to file the extension, then it is best you get it filed in premium and get the result iwthin 15 days. That way, L1 extension will be active from 16th Sept and H1B will be active from Oct 1st and you will ultimately be in H1B status from Oct 1st and can work for the H1B sponsor. Search and read about the last action rule.

Hi Thanks for your reply. just need to ask one more thing that my visa ias getting expire on 15th september 2013. So do i still need to leave the country because officially i can only start working from Oct 1.