L1 to H1 COS. L1 expires on April 4th. Need Help!

[Rakesh Panati]

Hi,

My current L1 visa expires on April 4th 2013 from Company A.

If I need to file a new H1B visa,

1. If I apply for a L1 to H1 COS by April 1st, will it be accepted by USCIS? (Because my current visa expires by April 4th)
2. If the USCIS accepts the COS, would there be a case where the new H1B petition if approved would become invalidated? (because I would have to leave back to India by April 4th)
3. If I do not want a L1 to H1 COS, can my new company B file a new H1b petition on April 1st? (Since my visa is valid till april 4th, would a new petition be accepted if its not a COS?)


Also, if anyone could suggest me a way where I do not have to go back to India, it would be very helpful.

[raghvi]

Hi,

My current L1 visa expires on April 4th 2013 from Company A.

If I need to file a new H1B visa,

1. If I apply for a L1 to H1 COS by April 1st, will it be accepted by USCIS? (Because my current visa expires by April 4th)
2. If the USCIS accepts the COS, would there be a case where the new H1B petition if approved would become invalidated? (because I would have to leave back to India by April 4th)
3. If I do not want a L1 to H1 COS, can my new company B file a new H1b petition on April 1st? (Since my visa is valid till april 4th, would a new petition be accepted if its not a COS?)


Also, if anyone could suggest me a way where I do not have to go back to India, it would be very helpful.

Why hasnt an L1 extension been filed yet?

Assuming your I-94 also expires along with your visa on April 4th 2013, you will be able to avoid going back to India only if your L1 extension is filed and approved.

1. Yes. H1 and L1 are separate.
2. it will most probably approved as Consular processing.
3. Yes but then in that case also you would have to leave US as new H1 start can only be 01-Oct-2013 or later.

This is my opinion not legal advice.