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  1. #1

    Default L1 to H1 without Change of Status

    I am on L1 in US right now with company A. Company B filed H1 for me Without change of status in Aug 2010 and this year my Petition got approved. I can stay on L1 here for A till 2012 march atleast.

    I need to go to India for the interview for my H1. I have following questions :
    1. Till how long can i delay my Visa interview?
    2. When will my Visa validity start , will it be three years after approval ?
    3. If i go on a vacation to India get H1 Visa approved, then will L1 be cancelled immediately after H1 approval?

  2. #2
    Join Date
    Oct 2008
    Posts
    5,902

    Default

    Quote Originally Posted by vkananth View Post
    I am on L1 in US right now with company A. Company B filed H1 for me Without change of status in Aug 2010 and this year my Petition got approved. I can stay on L1 here for A till 2012 march atleast.

    If you are sure that H1 was filed without change of status and there is no I-94 at the bottom of approval notice, then you can stay on L1 as long as your L1 I-94 is valid.

    I need to go to India for the interview for my H1. I have following questions :
    1. Till how long can i delay my Visa interview?
    Until the H1 petition expiry date.
    2. When will my Visa validity start , will it be three years after approval ?
    You will get a total of 6 years in H1 status. Time spent in the US in H1 or L1 status will count twards that. Your H1 employer can keep filing extensions until you reach that limit.
    3. If i go on a vacation to India get H1 Visa approved, then will L1 be cancelled immediately after H1 approval?
    L1 petition will not get canceled. L1 visa in your passport may get canceled during the H1 Visa interview.
    See above.
    This is my opinion and not legal advice.

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