L1 transfer to B1

[phchan6127]

HI

I am currently holding a L1 visa but ending soon in July. so my company will apply for B1(short term business visa) for me to continue staying in USA for a bit longer. couple of questions:

1. Is it possible to get B1 right after ending L1 visa?
2. Can i apply for B1 while i am still in USA base on L1, or I have to apply from my home country after my L1 expired in July?
3. My understanding for B1 length of stay usually less then 6 months, can i apply for transferring B1 to H1B next year when H1b quota become available?

Thanks in advance

[raghvi]

HI

I am currently holding a L1 visa but ending soon in July. so my company will apply for B1(short term business visa) for me to continue staying in USA for a bit longer. couple of questions:

1. Is it possible to get B1 right after ending L1 visa?
2. Can i apply for B1 while i am still in USA base on L1, or I have to apply from my home country after my L1 expired in July?
3. My understanding for B1 length of stay usually less then 6 months, can i apply for transferring B1 to H1B next year when H1b quota become available?

Thanks in advance

1. While on B1 if you are planning to do same work that you were on L1 then it would be difficult to get a B1. Both have a different purpose and USCIS would want to see valid reason for moving from L1 to B1. One is not supposed to be doing work on B1. The company also cannot pay you salary while you are on B1.
2. You can apply a COS from L1 to B1 but chances of approval are very low.
3. Next year H1 application acceptance would start only from April, but will have a start date of Oct, so you cannot move to H1 before Oct 2015. In such a case you would need to either have a valid I-94 on B1 till Sep 30th which I think is highly improbable.

This is my opinion not legal advice.

[phchan6127]

1. While on B1 if you are planning to do same work that you were on L1 then it would be difficult to get a B1. Both have a different purpose and USCIS would want to see valid reason for moving from L1 to B1. One is not supposed to be doing work on B1. The company also cannot pay you salary while you are on B1.
2. You can apply a COS from L1 to B1 but chances of approval are very low.
3. Next year H1 application acceptance would start only from April, but will have a start date of Oct, so you cannot move to H1 before Oct 2015. In such a case you would need to either have a valid I-94 on B1 till Sep 30th which I think is highly improbable.

This is my opinion not legal advice.

Thank you so much!

One more question about "H1b start date of Oct".

Is that mean i can turn in the h1b application in Oct to get better H1B chance, however i still can't work until getting the H1b in following April, right?

[raghvi]

Thank you so much!

One more question about "H1b start date of Oct".

Is that mean i can turn in the h1b application in Oct to get better H1B chance, however i still can't work until getting the H1b in following April, right?

You got it reverse. Earliest you can apply for H1 is on 01-April-2015, but can work only from 01-Oct-2015, if approved. Of course, provided the immigration laws remain same next year.

This is my opinion not legal advice.

[raghvi]

You got it reverse. Earliest you can apply for H1 is on 01-April-2015, but can work only from 01-Oct-2015, if approved. Of course, provided the immigration laws remain same next year.

This is my opinion not legal advice.

Also, how long have you already spent in L1 status as that will determine how much time will you get on H1 if applied in April 2015. L1+H1 can at max be for 6 Years if there is no 1 Year gap in between.

This is my opinion not legal advice.