L1B expired

[vballfanusa]

Hello,

I have been working with an L1-B visa for the past two years and a half. Instead of applying for an extension of my L1-B, my employer submitted a petition for an H1-B visa at the beginning of September, which was supposed to be approved by Oct 1st, but it got delayed. My L1-B visa expired yesterday (Octobet 16th), but my H1-B petition should be granted some time next week if things go well.

I asked last week if I should leave the country by the 16th, and I was told it was not necessary. Do you know if these days (from Oct 17th until I get my H1-B petition approved) count as unlawful presence, and will that have an impact when I go back to my home country to have my H1-B stamped?

In addition, I am attending grad school and I am in the middle of classes. Will there be any issues now that my L1-B expired, or is it OK if I have proof of my H1-B petition?

Thank you,

SP

[shervin143]

If your current I-94 has expired, then the time between end date of the L1 I-94 and the H1B approval will be considered illegal. You may be questions when you attend the visa interview the next time. Also, if your H1B petition hasn't been taken for processing so far and if they take it right now, then your H1B might get approved without a I-94 (Consular process) as you do not have a valid I-94 at present.