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L-1B Holder, Applying for Cap-Exempt H-1B

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  • L-1B Holder, Applying for Cap-Exempt H-1B

    Hi Friends,

    I have one question.

    I'm currently living in the U.S. holding L-1B, which is in RFE and has been expired in Feb-2013. Because I had H-1B before, my employer started applying for Cap-Exempt H-1B for me already.

    My question is:
    As I am waiting for my L-1B RFE, I am still staying in the U.S. When staying in the U.S., is there any issue to apply for the new Cap-Exempt H-1B? Do I have to physically stay outside the U.S., when the H-1B application is still in progress?

    Thanks!

  • #2
    The answer depends on the following.
    L1 I-94 expiry date
    L1 extension receipt date
    H1 petition receipt date
    This is my opinion and not legal advice.

    Comment


    • #3
      Some details about the H-1B Cap-Exempt Application, for L-1B holder

      Hi,

      I-94 expired in Feb-2013;
      L1 Extension receipt date was Nov-2012; Most current RFE response date is Apr-2013;
      H1 petition hasn't been raised to USCIS. Currently we are in progress for LCA.

      Do you have some insight based on this?
      I appreciate your help so much!

      Originally posted by kabkaba View Post
      The answer depends on the following.
      L1 I-94 expiry date
      L1 extension receipt date
      H1 petition receipt date

      Comment


      • #4
        Originally posted by Wenbo Liu View Post
        Hi,

        I-94 expired in Feb-2013;
        L1 Extension receipt date was Nov-2012; Most current RFE response date is Apr-2013;
        H1 petition hasn't been raised to USCIS. Currently we are in progress for LCA.

        Do you have some insight based on this?
        I appreciate your help so much!
        A new H1 petition in cap is out of question as quota for 2014 is already over. In order to revive your old H1 you should have filed a L1 to H1 COS before your I-94 expiry. Since your I-94 has expired , you cannot convert to Old H1 now. The only option remaining if you dont want to leave US is to get a successful L1 extension done. OR you can leave US, get H1 stamped on the basis of old H1 petition (if still valid) and return on H1 status.

        I am surprised that its been over 7 Months since L1 extension filed and you havent yet got a decision. May be time to upgrade the L1 extension request to premium.

        This is my opinion not legal advice.

        Comment


        • #5
          H1 change of status will be dependent on the result of the L1 petition. If L1 petition is denied, H1 will not include change of status, you will have to leave the US and return with H1 Visa in order to work.
          This is my opinion and not legal advice.

          Comment


          • #6
            Thank you for your answers.

            Currently, I am applying for a new H-1B (Cap-Exempt) while waiting for L-1B final result.

            The question now is:
            When H-1B LCA and H-1B Petition is in progress, do I have to stay outside the U.S.?

            Originally posted by raghvi View Post
            A new H1 petition in cap is out of question as quota for 2014 is already over. In order to revive your old H1 you should have filed a L1 to H1 COS before your I-94 expiry. Since your I-94 has expired , you cannot convert to Old H1 now. The only option remaining if you dont want to leave US is to get a successful L1 extension done. OR you can leave US, get H1 stamped on the basis of old H1 petition (if still valid) and return on H1 status.

            I am surprised that its been over 7 Months since L1 extension filed and you havent yet got a decision. May be time to upgrade the L1 extension request to premium.

            This is my opinion not legal advice.

            Comment


            • #7
              Since your current I-94 has expired, you are only allowed to stay and work in the US for 240 days after the I-94 expiry and this is only because the L1 I-94 extension is pending. H1 petition has nothing to do with this.
              This is my opinion and not legal advice.

              Comment

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