B1 to L1 Status!

[vaibhavdewan]

Hello,

I am on B1 visa in US from December, 2015 and my i94 is valid till May, 2016. Almost 3 months have gone but my training & meetings are still in process.

I have heard that we should not stay more than 3 months on B1. Is it correct?

Also my company has told that we are processing your L1 visa and my status will be changed from B1 to L1. But as of now i haven't received the petition.

Is there any problem staying in US or I can stay till my status being changed to L1?


Thanks

[Libra_14]

You can "legally" stay in US for the whole period of your valid I94 (you should always leave the country before I94 expiry date). However the longer you stay on B1 the more chances for you to be questioned on your next visit & may be denied entry at POE.

Though it is possible to convert B1 into L1, but no one really suggest you to do so - it may create problem in future. It is always advised to go back, get the new visa & come back.


- Not a legal advice, just MY opinion

[y-axisoverseas]

Legally you can stay in U.S as long as your visa status i94 is valid. It is always suggestable to exit from U.S before your visa gets expires. Transfer of visa status from B1 to L1 has to be done from your native country. I would suggest you to go back to your native country and file for your L1 visa which would be advisable.



Thanks & Regards,

[Gokrish]

B1 stay

You can stay in US until the day permitted in your i94. Staying for more than 3 months may not affect your entry approval on next visit under B1 again. However, it would not be a good idea to convert B1 to L1 (i539 also known as Change of Status, COS) while you are in US as this may be viewed negatively while approving your L1 petition and your spouse, if any, may have issues in approval of its visa . B1 is meant only for business related visits to US and it does not mean gainful employment whereas L1 is for an employment opportunity. Thus, at times, this conversion may lead to suspicion about your purpose of visit under B1. Abuse of visas may invite trouble including permanent ban on entry!