l1b to h1b I-94 expiring before October

[sachinbhatia4]

Hi

I am currently on l1-b , visa expired May 2013 and I-94 is expiring in August 2014 ,

My employer is applying h1-b (l to h)
This year ,

Can I stay beyond my I-94 till oct 1 if h1-b petition gets approved before August .

If not what are my options to stay till oct 1

Can my employer start my employment before oct

Should I file l1-b extension

[raghvi]

How long have you been on L1 visa?

In your case, L1 to H1 can be applied as Change of Status or Consular Process. If one applies as Change of Status, on 01-Oct-2014 or later, if H1 approved, you would automatically to H1 status ONLY IF you have a valid L1 I-94 on 30-Sep-2014 or later . But since your L1 I-94 is expiring before that, the H1 even if applied as Change Of Status most probably will result in a RFE where you would be required to first prove you have valid I-94 till 01-Oct-2014 or later. In order to be able to do so you would need to have a valid L1 extension proof.

Though you can stay beyond your current I-94 expiry but only if you apply L1 extension. Even if extension is applied, unless you get L1 extension approved you wouldn't move to H1.

The other option would be to file H1 as consular process, if there is lottery, you would know by Aug 2014 if you got selected in lottery, leave US in Aug before I-94 expiry, go for H1 stamping, if successfully stamped return around Sept 20 2014 on H1.

Your employer cannot start H1 employment before Oct.

You wouldn't be able to move to H1 without either leaving US and getting H1 stamped OR getting L1 extension approved.

This is my opinion not legal advice.

[sachinbhatia4]

l1b to h1b I-94 expiring before October

Thanks for quick reply , I will complete 3.5 years in August 2014 , my employer will file h1 with consular processing .

I heard somewhere that employers can start employment before oct as well .

I also have valid b1-b2 , change of status might also help but I won't be able to work .

Can I go to some other country and get my h1 stamped or it has to be home country .

[raghvi]

I don't know where you heard about it but as far as I know, the employment on H1 cannot begin before H1 petition start date and new H1 petition start date for 2015 Cap is only from 01-Oct-2014 or later.

I think you can go to some other consulate in that case ask employer to file consular processing with notification to the consulate which you are interested in going for stamping to.


This is my opinion not legal advice.