Apply H1B after I-94 expiry

[Senthil83]

Hi All

My L1B visa is already expired and I-94 will expire on Sept 2, 2015. I would like to apply for H1B(premium processing) in 2015 April. Since I can start working on H1B only in October 2015. can i legally stay in US after my I-94 expiry for one month(Sept 2015). Will employers be ready to sponsor H1B visa for me.

[raghvi]

Hi All

My L1B visa is already expired and I-94 will expire on Sept 2, 2015. I would like to apply for H1B(premium processing) in 2015 April. Since I can start working on H1B only in October 2015. can i legally stay in US after my I-94 expiry for one month(Sept 2015). Will employers be ready to sponsor H1B visa for me.

How long a US stay you would have completed in October 2015 in L1B status?

You cannot stay beyond Sep 2015 without a valid I-94. A pending COS to H1 is not a valid status as H1 would start only from 01-Oct-2015 .

As for whether a sponsor would be willing , it depends upon your skill sets and demand.

Though there are always consultancies which will sponsor anyone as long as the person pays for his/her own H1, but if you want any decent chances of getting a valid H1 stamping done I wouldnt suggest going along with them.

Find a genuine employer, leave US in Sep 2015, get H1 stamping and return in Oct 2015.

Of course , all this depends upon immigration laws between now and then lottery result , if any, in 2015.

This is my opinion not legal advice.