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Can my same employer apply for my H1B while I am working in US with him on L1B visa

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  • Can my same employer apply for my H1B while I am working in US with him on L1B visa

    Hi All,

    Currently I am working with employer A in US with L1B visa ,both Visa and I94 will be expired on 10 Sept.2013.So my question is:

    Can my same employer A apply for my H1B visa through consular process while I am working with him in US in L1B visa .

    He wants to file H1B visa through consular process in April 2013 i.e. for fiscal year 2014 so that I can continue my work on H1B visa after my H1B visa got stamped.

    Please advise can it be possible?



    Thanks,

  • #2
    Originally posted by shirdisai1 View Post
    Hi All,

    Currently I am working with employer A in US with L1B visa ,both Visa and I94 will be expired on 10 Sept.2013.So my question is:

    Can my same employer A apply for my H1B visa through consular process while I am working with him in US in L1B visa .

    He wants to file H1B visa through consular process in April 2013 i.e. for fiscal year 2014 so that I can continue my work on H1B visa after my H1B visa got stamped.

    Please advise can it be possible?



    Thanks,
    Yes the employer can. I am sure you understand that by applying H1 as consular process, you will have to travel out of US, get H1 stamping at a consulate outside US and return on H1. Eventually you will have to leave US before your I-94 expiry and return after getting H1 stamping done.

    This is my opinion not legal advice.

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