H1B to L1

[kpkaypee]

Currently I am in H1B visa and it is valid till May 2015. Now i am in the process of converting H1 to L1 in order to get EAD for my spouse. My L1 blanket petition got approved without I-94. I am planning to go to Canada for stamping in January 2014. Meantime i have few clarifications.

1) If my L1 Blanket stamping gets denied, would I still be eligible to continue working on my H1B?

2) Will my current I-94 need to be submitted in the US airport while leaving to Canada for stamping? Is this valid irrespective of my L1 denial or approval ?

3) As my L1B petition approval doesn't have I-94, I wanted to know whether the L1B visa will be issued along with I-94?

4) If L1B visa is issued without I-94 then what i need to do? Am i eligible to enter US in this case?

5) If L1B visa gets approved, for how many years it will be issued minimum ? Will my H1B period taken into consideration.

[raghvi]

Currently I am in H1B visa and it is valid till May 2015. Now i am in the process of converting H1 to L1 in order to get EAD for my spouse. My L1 blanket petition got approved without I-94. I am planning to go to Canada for stamping in January 2014. Meantime i have few clarifications.

1) If my L1 Blanket stamping gets denied, would I still be eligible to continue working on my H1B?

2) Will my current I-94 need to be submitted in the US airport while leaving to Canada for stamping? Is this valid irrespective of my L1 denial or approval ?

3) As my L1B petition approval doesn't have I-94, I wanted to know whether the L1B visa will be issued along with I-94?

4) If L1B visa is issued without I-94 then what i need to do? Am i eligible to enter US in this case?

5) If L1B visa gets approved, for how many years it will be issued minimum ? Will my H1B period taken into consideration.

1. Depends, if the officer cancels the H1B and also doesn't grant you L1B then you wouldn't be able to.
2. Yes I-94s should be returned at POE otherwise departures aren't recorded.
3. I-94s are issued at Port Of Entry one doesn't get an I-94 along with the visa stamping. SO if L1B is approved, then upon your return you would get an I-94 at Port Of Entry.
4. Read above, the I-94 is issued at Port Of Entry not during stamping.
5. H1+L1 is for 6 Years so do the math. H1B period will be taken into consideration

This is my opinion not legal advice.