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Hi,
I am working with Company A on L1B visa that got expired on Nov-29-2013. Also my I94 got expired on Nov-29-2013. Company A filed for L1B extension before the visa/I94 expiry. The L1B extension is still in RFE. My 240 days L1b extension process stay ends in July 2014.
Meanwhile Company B filed for a H1B visa with consular processing(no COS). And this H1B got approved in Dec 2013, it has no I94 attached as H1B was filed w/ consular processing.
1. Can Company A use approved H1B petition(filed with company B) to file a new visa with COS(change of status) for me while I am in US? Will that be cap exempt?
2. If not, can Company A use the approved H1B petition(filed with company B) to file a new H1B visa with consular processing for me while I am in US? Will that be cap exempt? In this case do I need to travel back to india for stamping as soon as company A's new petition gets approved? or can I stay in US for some time as my 240 days L1b extension process stay ends in July 2014 and then go back to india for the new H1B stamping?
Thank you.
Samik G
I am working with Company A on L1B visa that got expired on Nov-29-2013. Also my I94 got expired on Nov-29-2013. Company A filed for L1B extension before the visa/I94 expiry. The L1B extension is still in RFE. My 240 days L1b extension process stay ends in July 2014.
Meanwhile Company B filed for a H1B visa with consular processing(no COS). And this H1B got approved in Dec 2013, it has no I94 attached as H1B was filed w/ consular processing.
1. Can Company A use approved H1B petition(filed with company B) to file a new visa with COS(change of status) for me while I am in US? Will that be cap exempt?
2. If not, can Company A use the approved H1B petition(filed with company B) to file a new H1B visa with consular processing for me while I am in US? Will that be cap exempt? In this case do I need to travel back to india for stamping as soon as company A's new petition gets approved? or can I stay in US for some time as my 240 days L1b extension process stay ends in July 2014 and then go back to india for the new H1B stamping?
Thank you.
Samik G
