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L1B expired on mar 15, currently on I94, can I file for H1

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  • L1B expired on mar 15, currently on I94, can I file for H1

    Hi
    I am currently employed to company A on L1B it's expired on Mar 15 2013.
    I have a i94 stamped until 2015. Did not file for petition extension. Now I am applying for H1 with companyB in CAP. If it gets approved
    1. Do I need to travel back to India and come in September ? As I would get a new i94.
    2. Can i work for company A. Until September and move to H1 from oct 1st?

  • #2
    l1 to H1 urgent

    Hi
    I am currently employed to company A on L1B it's expired on Mar 15 2013.
    I have a i94 stamped until 2015. Did not file for petition extension. Now I am applying for H1 with companyB in CAP. If it gets approved
    1. Do I need to travel back to India and come in September ?
    2. Can i work for company A. Until September and move to H1 from oct 1st?

    Comment


    • #3
      Originally posted by karkap View Post
      Hi
      I am currently employed to company A on L1B it's expired on Mar 15 2013.
      I have a i94 stamped until 2015. Did not file for petition extension. Now I am applying for H1 with company B in CAP. If it gets approved
      1. Do I need to travel back to India and come in September ?
      2. Can i work for company A. Until September and move to H1 from oct 1st?
      Since you have an I-94 beyond 01-Oct-2013 you dont need to. Ask the company B to file the L1 to H1 as COS.
      1. No need.
      2. Yes.

      Words of caution, firstly, avoid traveling out of US while COS is in progress. Also, if COS is approved you have to work only with company B, you can no longer work with A after COS date. Once on H1, as and when you leave US and want to come back you have to get a new H1 stamp in order to return to work for H1 employer.

      This is my opinion not legal advice.

      Comment


      • #4
        L1B expired on mar 15, currently on I94, can I file for H1

        Thanks
        So I can work with company A till sept 30 in US and then from oct 1st with company B. need not go back outside USA. Right?

        Comment


        • #5
          Originally posted by karkap View Post
          Thanks
          So I can work with company A till sept 30 in US and then from oct 1st with company B. need not go back outside USA. Right?
          Yes if COS is approved.

          This is my opinion not legal advice.

          Comment


          • #6
            L1B expired on mar 15, currently on I94, can I file for H1

            Hi
            My employer B has filed h1 with normal processing. Neither COS nor counseller process. Could you let me know if there are implications to this?

            Comment

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