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Expired L1B and on Extended I-94 valid - Can Apply for H1B?

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  • Expired L1B and on Extended I-94 valid - Can Apply for H1B?

    Dear Members,

    Is it possible for someone on an Expired L1-B Visa and valid Blanket Petition and valid I-94 (valid till 2015) apply for H1B in 2014?
    -If the H1B filed petition doesn't come in lottery is the old valid I-94(given against L1) also cancelled?
    -If the petition comes in lottery does the COS status happens with last in day with old employer on 30Sept2014 and Start Date of new employer as 1Oct2014 or last day can be a few days earlier (1-7Days) with start date still as 1Oct2014.

    Many Thanks.

    Regards,
    ab

  • #2
    Originally posted by ab_ster View Post
    Dear Members,

    Is it possible for someone on an Expired L1-B Visa and valid Blanket Petition and valid I-94 (valid till 2015) apply for H1B in 2014?
    -If the H1B filed petition doesn't come in lottery is the old valid I-94(given against L1) also cancelled?
    -If the petition comes in lottery does the COS status happens with last in day with old employer on 30Sept2014 and Start Date of new employer as 1Oct2014 or last day can be a few days earlier (1-7Days) with start date still as 1Oct2014.

    Many Thanks.

    Regards,
    ab
    As long as you would not be exhausting your 5 year limit on L1B or or before 01-Oct-2014 yes you can apply.
    - Your L1B I-94 is separate, it would not be cancelled just because your H1 didnt get through.
    - COS start date is as requested on the I539 form, the earliest it can be 01-Oct-2014. If your COS is approved and is starting with new employer at 01-Oct-2014 then your last day with old employer has to be 30-Sep-2014.

    This is my opinion not legal advice.

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