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b1 (in lieu of h1) for june-oct

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  • b1 (in lieu of h1) for june-oct

    Hi,
    I am currently in the US on L1 which expires June 2013. My company is not keen on extending it because of the recent rejection rate. They are planning to do my H1. But since I can only start working on H1 from Oct I would need to leave the country in June and come back again in Oct. To cover the months in between can I ask my company to do a B1 in lieu of H1 so I can continue working from june to oct on the B1. Then in October I can start working on the regular H1.
    Any tips/suggestion would be really useful.
    Thanks.

  • #2
    Originally posted by anupi View Post
    Hi,
    I am currently in the US on L1 which expires June 2013. My company is not keen on extending it because of the recent rejection rate. They are planning to do my H1. But since I can only start working on H1 from Oct I would need to leave the country in June and come back again in Oct. To cover the months in between can I ask my company to do a B1 in lieu of H1 so I can continue working from june to oct on the B1. Then in October I can start working on the regular H1.
    Any tips/suggestion would be really useful.
    Thanks.
    If your L1 associated I-94 is valid till 30-Sep-2013 or beyond you can file H1 as COS and then don't need to leave US. But if I-94 is also applying in June 2013 then yes you would need a valid status in between your I-94 expiry and H1 start date. B1 in lieu of H1 is an option but very rare success rate , and it subsequently risks your B1 to H1 conversion later on. In your company is not filing L1 extension Advisable to leave US in June 2013, and get H1 stamped and return on H1.

    This is my opinion not legal advice.

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