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in L1B extension, planning to apply new H1B visa with 2013 cap

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  • in L1B extension, planning to apply new H1B visa with 2013 cap

    HI,
    I am with company A on L1B, Visa and I94 expired on Jan 31st 2013. Company A applied for extension and I got an RFE which is due by April 2013.
    Another Company B wanted to apply H1B in 2013 quota.

    1. Can I apply H1B visa with COS with Company B?(any issue since my I94 expired)

    2. Suppose If my L1B extension gets rejected can I move to H4 visa(my wife is in H1B)? and Still continue working for Company B from Oct 1st ?

    Please help me

    Thanks

  • #2
    need help

    can anyone help me on this

    Comment


    • #3
      Originally posted by makeluck View Post
      HI,
      I am with company A on L1B, Visa and I94 expired on Jan 31st 2013. Company A applied for extension and I got an RFE which is due by April 2013.
      Another Company B wanted to apply H1B in 2013 quota.

      1. Can I apply H1B visa with COS with Company B?(any issue since my I94 expired) -- You will need an I-94 that is valid until Sep 30 in order to get COS to H1.

      2. Suppose If my L1B extension gets rejected can I move to H4 visa(my wife is in H1B)? and Still continue working for Company B from Oct 1st ? -- That is possible. But you will not be able to change status to H4 within the US since your I-94 has expired. You will have to leave the US and return with H4 Visa.

      Please help me

      Thanks
      See above.
      This is my opinion and not legal advice.

      Comment

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