Can I stay in US after L1 expires but with potential H1 approval?

[tazdinox]

Thanks, Raghvi for your valuable insights

I'm truly looking for a way out from my current predicament. Looks like I need to talk to an attorney

Tazdinox

[raghvi]

Hi,

Let me explain briefly regarding my current situation so that, someone can help me.

I am on L1 visa and my employment ends on April 24, 2015 but my L1 visa is valid through November 2015. Now, here's my problem. My new employer is willing to apply for my H1 before April 2015. However, we will not know whether it will be approved until September 2015. Therefore, my questions is can I stay in the States after my April 24, 2015 if my H1 has been filed? Is there any form of temporary visa which will allow us to stay in the States until the H1 approval status release on September?

Any suggestions / advice are appreciated. Thank you.

Tazdinox

No you cannot. The new H1, if subject to cap and approved, can start only from 01-Oct-2015, for that to happen you technically need to be in a valid status till 30-Sep-2015. As your L1 payroll will stop April 24, 2015, you would no longer be in status after that. What you can do is try to move to F1 or B2 visa and if approved move from F1/B2 to H1. Though chances are slim for a L1 to F1/B2 and a F1/B2 to H1 transfer, as USCIS needs to be convinced about your genuineness to move to B2/F1 visa category, but apart from these I dont see any other option. Talk to an attorney.

This is my opinion not legal advice.

[tazdinox]

No you cannot. The new H1, if subject to cap and approved, can start only from 01-Oct-2015, for that to happen you technically need to be in a valid status till 30-Sep-2015. As your L1 payroll will stop April 24, 2015, you would no longer be in status after that. What you can do is try to move to F1 or B2 visa and if approved move from F1/B2 to H1. Though chances are slim for a L1 to F1/B2 and a F1/B2 to H1 transfer, as USCIS needs to be convinced about your genuineness to move to B2/F1 visa category, but apart from these I dont see any other option. Talk to an attorney.

This is my opinion not legal advice.

Thanks, Raghvi for your valuable insights

I'm truly looking for a way out from my current predicament. Looks like I need to talk to an attorney

Tazdinox

[Jay1981]

Understanding the Process

Thanks, Raghvi for your valuable insights

I'm truly looking for a way out from my current predicament. Looks like I need to talk to an attorney

Tazdinox

Hi Tazdinox,

I am going through the same phase now, I have an L1A visa valid till 24th of February, however I am planing to make a shift to F1 status under MBA - IT program. I am in touch with the university and have submitted the application, they have asked for further documentation and etc. I just want to understand what are the chances of transferring the status from L1 to F1 and have you been successfully managed to run the process. Did you face any issue? Please help with the information you can share which could help me to follow the process successfully. Please share your suggestions.