L1 to H1 status change

[sherali42]

I am also facing similar issue.

My L1-B Visa got expired on May 15'10. But my I-94 is valid till Feb'2011. I have applied for extension. Got RFE. I have responded to the query. Waiting for the decision.
I have valid H1-B also with another employer but without I-94. My employer says amendment has to be applied to get I-94 in which case my L1 will be void.

Can I still apply for I-94 amendment and change the status to H1B?

One more question, lets say my L1B visa gets rejected, will I get to stay based on my I-94 validity?

Also I would like to know that is there any risk involved in applying for amendment? Like it may get rejected or something?

Early response would be much appreciated.

Thanks
Sher

[shervin143]

My L1-B Visa got expired on May 15'10. But my I-94 is valid till Feb'2011. I have applied for extension. Got RFE. I have responded to the query. Waiting for the decision.
I have valid H1-B also with another employer but without I-94. My employer says amendment has to be applied to get I-94 in which case my L1 will be void.
>>> That is correct.

Can I still apply for I-94 amendment and change the status to H1B?
>>> Possible.

One more question, lets say my L1B visa gets rejected, will I get to stay based on my I-94 validity?
>>> Visa is something that you get stamped in your passport by visting a consulate. You will be returning your I-94 when you leave the country. So when the visa gets rejected, you will have no I-94 with you.

Also I would like to know that is there any risk involved in applying for amendment? Like it may get rejected or something?
>>> Same risk as filing a new petition or extension or transfer. If you have all the documents that USCIS can request, then you have nothing to worry.

[sherali42]

Thank you so much for responding.
I have one more question.

One more question, lets say my L1B visa gets rejected, will I get to stay based on my I-94 validity?
>>> Visa is something that you get stamped in your passport by visting a consulate. You will be returning your I-94 when you leave the country. So when the visa gets rejected, you will have no I-94 with you.
>>>>> As I told you, My I-94 is valid till Feb'2011. So will I get to stay even if my visa extension gets rejected?


Thanks
Sher

[shervin143]

I think you are asking about your petition extension. I am not sure why you filed the extension when you current I-94 is valid until Feb 2011. Usually, extension of stay can be filed only 6 months in advance to the current I-94 expiry date. You can stay until the current I-94 expiry date.

Thank you so much for responding.
I have one more question.

One more question, lets say my L1B visa gets rejected, will I get to stay based on my I-94 validity?
>>> Visa is something that you get stamped in your passport by visting a consulate. You will be returning your I-94 when you leave the country. So when the visa gets rejected, you will have no I-94 with you.
>>>>> As I told you, My I-94 is valid till Feb'2011. So will I get to stay even if my visa extension gets rejected?


Thanks
Sher

[sherali42]

hey thank you so much for responding so quickly.

I think you are asking about your petition extension. I am not sure why you filed the extension when you current I-94 is valid until Feb 2011. Usually, extension of stay can be filed only 6 months in advance to the current I-94 expiry date. You can stay until the current I-94 expiry date.

You are right, I was talking about extension only. My current employer filed extension based on Visa expiry date. So I can stay till my I-94 is valid, even my extension get rejected? Sorry for asking the same questions again.

[shervin143]

Visa is just an entry document. Extension need to be filed only when the I-94 was about to get expired and it can be filed only 6 months in advance. Not sure what your employer is trying to do. Unless specified bythe USCIS, your current I-94 remains valid until it's expiry date when the extension gets rejected.

[sherali42]

Thank you so much.