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Appplying for New H1b when L1B extension in Progress

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  • Appplying for New H1b when L1B extension in Progress

    Hi,

    My I 94/Visa Expires on April 10, so i think i can't file for conversion to H1B (Is my understanding correct?)

    Please let me know if applying for a new H1b is possible when my L1b extension is in progress. So even if my L1b gets rejected i can go back to india and attend interview after October.

    Also let me know how long i can stay in US when my extension petition is review by US, after my I 94 expires.

    Thanks

  • #2
    Originally posted by salem View Post
    Hi,

    My I 94/Visa Expires on April 10, so i think i can't file for conversion to H1B (Is my understanding correct?)

    Please let me know if applying for a new H1b is possible when my L1b extension is in progress. So even if my L1b gets rejected i can go back to india and attend interview after October.

    Also let me know how long i can stay in US when my extension petition is review by US, after my I 94 expires.

    Thanks
    Its not that you cant apply, but even if do, it most probably will get approved as Consular process OR an RFE will be raised to first prove your valid status. A pending L1 extension is technically not a valid status, hence H1 will eventually get processed as Consular if L1 extension not approved.

    H1B and L1B are separate so yes, you can apply for new H1B while L1 extension is in process. And yes, if L1 extension is rejected, and if H1 petition is approved, you can go back to your home country, attend H1 interview and be back around H1 start date.

    Technically you can stay upto max 240 days if USCIS doesnt take a decision on your case. But there are challenges such as license renewal etc during such period.

    This is my opinion not legal advice.

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