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Can I apply for B1 while beeing in US and waiting for my H1 to be effective till Oct?

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  • Can I apply for B1 while beeing in US and waiting for my H1 to be effective till Oct?

    Hi ,
    I am currently in US with L1B I94 extension with company X. I will be completing 5 years in 08-06-2014 (on L1B extension with I-94 expiry date 08-06-2014). So no extension or conversion to L1A is possible. But my H1B has been selected in the lottery with company Y for 2014 and hoping that everything turns out to be good so that it can be effective from Oct 2014. Since H1 will only be effective from Oct 2014, what are the options I have to stay back in US for the period from 08-06-2014 till 10-01-2014?. Can I go on a Business Visa and apply when I am in the US?. This considering that I need to leave company X on or before I94 expiry and new company has to sponsor the B1 Visa. I don't want to travel back to India and come back again as stamping back in India is too risky. Please advise.

  • #2
    Originally posted by Prads View Post
    Hi ,
    I am currently in US with L1B I94 extension with company X. I will be completing 5 years in 08-06-2014 (on L1B extension with I-94 expiry date 08-06-2014). So no extension or conversion to L1A is possible. But my H1B has been selected in the lottery with company Y for 2014 and hoping that everything turns out to be good so that it can be effective from Oct 2014. Since H1 will only be effective from Oct 2014, what are the options I have to stay back in US for the period from 08-06-2014 till 10-01-2014?. Can I go on a Business Visa and apply when I am in the US?. This considering that I need to leave company X on or before I94 expiry and new company has to sponsor the B1 Visa. I don't want to travel back to India and come back again as stamping back in India is too risky. Please advise.
    When you say your H1 has been approved, does it mean you have already got the H1 approval notice with a new I-94 effective from 01-Oct-2014? How is that possible as they still rolling out only the receipt notices.

    In such a scenario when a person does not have a valid status on 30-Sep-2014, USCIS typically approves the H1 petition, but doesnt approve a COS, that is doesnt grant a new I-94. If that happens, you would not automatically move to H1 status from 01-Oct-2014.

    Further, transfer from L1 to B1/B2 can take a few Months and needs valid justification to be approved. Supposedly, even if L1 to B1/B2 is approved, in order to move to H1 you need to file a B1/B2 to H1 status change again with valid justification.

    Its better to avoid all the hassles. Advisable to leave US on or before 08-06-2014 and return to US after getting H1 stamped.

    This is my opinion not legal advice.

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    • #3
      Thankyou raghvi for the response.
      I haven't got my H1 approved yet. It was just selected in Lottery. I was hoping that if everything goes well then I may have the H1 from Oct 1 2014. If going from L1 to B1/B2 and then back to H1 may cause hassles, is there any other type of Visa that I can use to stay back till October? like Visitor Visa?. I have my wife also with me here so B1/B2 cant be applied to her. Please advice.

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      • #4
        Originally posted by Prads View Post
        Thankyou raghvi for the response.
        I haven't got my H1 approved yet. It was just selected in Lottery. I was hoping that if everything goes well then I may have the H1 from Oct 1 2014. If going from L1 to B1/B2 and then back to H1 may cause hassles, is there any other type of Visa that I can use to stay back till October? like Visitor Visa?. I have my wife also with me here so B1/B2 cant be applied to her. Please advice.
        B2 would probably be the option but as mentioned hassles are many and chances of success of L1 to B2 and B2 to H1 all before Oct 2014 are low. Going out for stamping would be the ideal thing to do.

        This is my opinion not legal advice.

        Comment

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