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L1 to H1 COS based on valid I94 - Urgent Please

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  • L1 to H1 COS based on valid I94 - Urgent Please

    Hi,

    I am working on L1B visa (employer A) in USA since May 2014 and visa/petition expires on September 2016 but have a valid I94 till September 2017.
    I am also applying H1B 2016 in consular processing with different employer B.

    I would like to know if my H1B with employer B is picked up, can I apply COS from L1B to H1B (after October 2016) just based on valid I94 ?

    Any response/replies is greatly appreciated. Thanks in advance

  • #2
    Originally posted by Ritik sha View Post
    Hi,

    I am working on L1B visa (employer A) in USA since May 2014 and visa/petition expires on September 2016 but have a valid I94 till September 2017.
    I am also applying H1B 2016 in consular processing with different employer B.

    I would like to know if my H1B with employer B is picked up, can I apply COS from L1B to H1B (after October 2016) just based on valid I94 ?

    Any response/replies is greatly appreciated. Thanks in advance
    Yes, it is possible as long as you have valid L1 I-94 and have not crossed the 5 year limit.

    This is my opinion not legal advice.

    Comment


    • #3
      Thank You Raghvi so much, I am now feeling relaxed and had a sigh of relief

      This means that I can apply my COS while staying in US , correct ?

      Also do you know how much time does take COS process usually takes ? I 'm asking because just wondering whether my new project with employer B would actually wait for my COS complete after my interview selection.

      Can dependents L2B can also be converted to H4 thru COS ?

      Comment


      • #4
        Originally posted by Ritik sha View Post
        Thank You Raghvi so much, I am now feeling relaxed and had a sigh of relief

        This means that I can apply my COS while staying in US , correct ?

        Also do you know how much time does take COS process usually takes ? I 'm asking because just wondering whether my new project with employer B would actually wait for my COS complete after my interview selection.

        Can dependents L2B can also be converted to H4 thru COS ?
        It takes 15-20 Days if applied in premium. Yes, dependent's COS can and should also be included when primary does a COS, otherwise they risk going out of status.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          It takes 15-20 Days if applied in premium. Yes, dependent's COS can and should also be included when primary does a COS, otherwise they risk going out of status.

          This is my opinion not legal advice.
          Thank you

          My H1B has picked up in 2016 lottery. I actually check with the company B attorney and there are saying we cannot file COS with expired L1b visa and valid I94.
          Could you please advise:

          1. If you can provide me any reference doc or link supporting your statement that L1B to H1B COS can be applied with just valid I94 only.

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