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L1B expired (valid I-94) to H1B

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  • L1B expired (valid I-94) to H1B

    Hi,

    1) My L1 B got expired on Sept 2011
    2) My I-94 is valid till Sept 2013
    3) I got an employer who is ready to sponsor me for H1B
    4) I read in different threads that there are two options (COS, Consular) to change from L1B to H1B
    5) I would like to go for Consular process

    Query:
    1) Is there any compulsory rule that we have get H1B stamped in our mother country - India itsefl?
    2) or can I just exit US, go to some near by country like Canada, get it stamped and then come back? is there any practice as such?


    Please advise and help! Thanks in advance...

  • #2
    1) Is there any compulsory rule that we have get H1B stamped in our mother country - India itsefl?
    >>> If this is your first time H1B stamping, then YES.

    2) or can I just exit US, go to some near by country like Canada, get it stamped and then come back? is there any practice as such?
    >>> Read the above answer. Option 2 will work only if you had a successful H1B stamping in the past.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      L1B expired (valid I-94) to H1B COS process

      Hi Shervin,

      Thanks and Appreciate your help!

      As I mentioned my visa expired in Sept 2011 and my I-94 is valid till Sept 2013.

      I got some idea on COS process in some of the threads that you replied. But I have a specific query:

      1) As my visa expired in Sept 2011 is there any restrictions on H1B effective date if I go through COS process? (for eg., it can be effective only in Sept 2012 and not before that...).

      Please advise and Thanks!

      Comment


      • #4
        L1B expired (valid I-94) to H1B COS process

        If this is your first H1 then it can only be effective from 01-Oct-2012. This is my opinion, do seek expert guidance too

        Comment


        • #5
          L1B expired (valid I-94) to H1B COS process

          Thanks Raghvi!

          Does it mean that it requires exactly one year gap from the time L1B expired? even though i have I-94 valid till Sept 2013?

          Can employer request for shortened effective date like June 2012?

          Thanks!

          Comment


          • #6
            L1B expired (valid I-94) to H1B

            You are getting confused between L1B and H1B. Both are independent of each other and cannot be interchanged. There is no rule that it requires 1 Year gap between L1 expiry and new H1. Look at it this way., your current L1 (which has already expired) was valid with Employer A, your current I-94 is valid for you to work with Employer A till current I-94 expiry. Now you are changing your employer to B so you need a new petition for the same. Since B is processing H1B for you, and since you never had an earlier H1B approved petition earlier which could have been transferred over to Employer B, you would need to be counted towards 2013 H1B Cap. 2013 H1B visa Cap petitions are being filed from 01-Apr-2012 and the person can begin work with the employer filing the petition on and after 01-Oct-212 only. This is my opinion, and not legal advice.

            Comment


            • #7
              Visa expiry has nothing to with change of status.

              If this is first time H1B, the earliest start date is Oct 1 because of annual cap limits. Visa expiry has nothing to do with this.
              This is my opinion and not legal advice.

              Comment


              • #8
                L1B expired (valid I-94) to H1B COS process

                Thanks!

                If I'm going through normal Consular process (go to India get it stamped and come back), does this rule of Oct 1st remain valid?

                Please advise.

                Comment


                • #9
                  Yes. That has nothing to do with getting a Visa. Cap for the current year is closed. Cap for the next year which starts on Oct 1 is open. Since petitions filed for the first time right now are for the next year, a start date earlier than Oct 1 cannot be requested.
                  This is my opinion and not legal advice.

                  Comment


                  • #10
                    I have the same suitation, my L1 expired at september and I my company applied change of status h1 b since I have completed my 4 year.... so I it it possible to cotinue my stay without go back to india..

                    Comment


                    • #11
                      When is your L1 I-94 expiring?

                      Originally posted by nganesan View Post
                      I have the same suitation, my L1 expired at september and I my company applied change of status h1 b since I have completed my 4 year.... so I it it possible to cotinue my stay without go back to india..
                      Not a legal advice. Use of this information is strictly at your own risk.

                      Comment


                      • #12
                        L1-b expires in SEP-14, switch to H1-B on OCT-1

                        I have a similar situation but different question...

                        (1) My L1-B I94 expires on SEP-14-2012
                        (2) I have a new 2013 quota approved H1-B (effective OCT-1-2012)
                        (3) I have never had a H1-B before, and this is the 5th and final year of the L1-B

                        There is a gap of 16 days in my status when I switch to the H1-B form OCT-1.
                        Will I need to mandatorily step out on SEP-14th and step back in on OCT-1st (or will it get exempted in the 180 days limit) ?
                        I have no need to step out and do not require a stamping, as I have no necessity to fly out of U.S in the next two years.
                        I am just keen to ensure I am not out of status.

                        My original L1-B stamp expired on SEP-14-2010. I have never left U.S since I got my L1-B in 2007.

                        Comment


                        • #13
                          My question really is:

                          Will I need to mandatorily step out on SEP-14th and step back in on OCT-1st (or will it get exempted in the 180 days limit) ?

                          Comment


                          • #14
                            Your status between Sept 14th to Oct 1st will be treated as illegal stay if you stay in the country. To avoid illegal stay, you should leave the country, get the H1B stamped and return back after September 21st (You can enter in H1B status only 10 days prior to the H1B effective date).

                            Did your H1B approval come with a new I-94? It is important you check that.


                            Originally posted by vas9742 View Post
                            My question really is:

                            Will I need to mandatorily step out on SEP-14th and step back in on OCT-1st (or will it get exempted in the 180 days limit) ?
                            Not a legal advice. Use of this information is strictly at your own risk.

                            Comment


                            • #15
                              Thanks shervin143. Yes my H1 approval came with the I94, I need to collect it from my employer.
                              It is valid until SEP-2013.
                              Since you say I will have to get it stamped, do I have to stamp it in India (home country), since this is my first H1. Or can I just do it close by, like in mexico?

                              Comment

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