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L1 to H1 from same employer with I-797 B form.

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  • L1 to H1 from same employer with I-797 B form.

    Hi,
    I am in L1B visa with my current employer. My L1B employer has applied for H1B and it got approved. I got the new I-797-B Approval form (valid starting Oct-1-2008) with out the I-94 or "Change of Status".

    Can any one please answer the following questions and let me know as how to proceed.

    1. Can I stay in US after Oct-1-2008 since my current L1B's I-94 is valid till 2009.

    2. Can I get my H1B stamped in Canada or Mexico even though the Consulate mentioned in the I-797-B is New Delhi Consulate.

    3. Though I am already in US for past two years in L1B, But I got I-797-B (with No Change of Status) instead of I-797-A (Change of Status). Will this affect the chance of getting my H1B stamped on my passport.?

    4. Which is the right time to go for the H1B visa stamping. Since my current L1B employer is same as the H1B employer. So do I need to wait for 3 or 4 paystubs after October-1-2008 or Can I go for H1B visa stamping anytime after October-1-2008.

    Your guidance is appreciated.!
    Thank You.!

  • #2
    1. Yes
    2. With the assumed risk that they may direct you to the home country if you don't have a US Degree.
    3. No
    4. You are not on H1b from Oct 1st as COS is not approved. Paystubs are of no significance other than to prove valid status in US i.e L1 in your case.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Hi Txh1b, Thanks for your reply.!

      So for the above question number 4. Since my L1b is valid even after Oct-1-2008, so I can go anytime before or after Oct-1-2008 to New Delhi Consulate for stamping. Is that correct.? Thanks in advance.!

      Comment


      • #4
        Will I be out of Status starting from Oct-1-2008. (My L1B and H1B employer both are same, also my COS or Extension of Stay is not approved since I got I-797 B) ?

        Please someone answer my queries.

        Comment


        • #5
          Originally posted by Phoenixpals
          Will I be out of Status starting from Oct-1-2008. (My L1B and H1B employer both are same, also my COS or Extension of Stay is not approved since I got I-797 B) ?

          Please someone answer my queries.
          If you have no COS, you are good to continue on L1.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment


          • #6
            Thank you so much for your reply txh1b.

            I have got the I-797-B form, it does not have the new I-94 at the bottom portion. This means that I don't have COS right?

            Comment


            • #7
              Originally posted by Phoenixpals
              Thank you so much for your reply txh1b.

              I have got the I-797-B form, it does not have the new I-94 at the bottom portion. This means that I don't have COS right?
              Yes.

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

              Comment

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