L1 to H1 transfer in same company

[rohitsingh79]

HI All,

I have a L1 B Visa whch will expire in March 1st Week 2011. My company is planning to send me (long term) in US in Jan 11.

I have a few questions-

1. Is there some problem at the time being in L1 B extnsion while in US. I see this thru India as extension or new L1 B are rarely getting approval currently (for my company that i know)

2. At POE, officers generally grants I-94 for 3-year validity unless your passport expiry before that. Is it true?

Due to trouble in extension, I am saying my employer to file H1 so that i can come home in case of emergency and then re-enter US again assuming case 2 is correct. Then what should i do.

3. GEt apply H1b From India

4. From US

5, apply L1 to H1 COS from US.


I would appreciate all the suggestion / experiences.

Thanks
Rohit

[shervin143]

1. Is there some problem at the time being in L1 B extnsion while in US. I see this thru India as extension or new L1 B are rarely getting approval currently (for my company that i know)
>>> If the L1 extension is applied with all the required documents, then there should be no problem in getting the extension. Plenty of people do get it successfully each day.

2. At POE, officers generally grants I-94 for 3-year validity unless your passport expiry before that. Is it true?
>>> If it is an L1 blanket petition, then they usually give you an I-94 for 3 years based on the blanket petition. If it is a L1 individual, then I-94 will be until the petition expiry date or visa expiry date or passport expiry date (Whichever is first - depending on the VO).

Due to trouble in extension, I am saying my employer to file H1 so that i can come home in case of emergency and then re-enter US again assuming case 2 is correct. Then what should i do.

3. GEt apply H1b From India
4. From US
5, apply L1 to H1 COS from US.
>>> All three are valid option. A COS from L1 to H1B will let you continue your work in U.S without having to leave U.S to get the H1B stamped.

[rohitsingh79]

Thanks a lot. This is really helpful.

Best regards,
Rohit

[rohitsingh79]

One doubt....

While studying more about COS, I found "Your nonimmigrant visa status remains valid"

Since my Visa is expiring in March 1st week 2011 and my employer apply in Jan (say 3 or 4th week).......is it OK?

Thanks

Best Regards,
Rohit

[shervin143]

As long as your application for extending the L1 status or a COS for the H1B reaches USCIS before your current I-94 expiry date, you are good. However, keep in mind that if your application gets denied, then all the time spent after your I-94 expiry date becomes illegal. So it is advisable to file as soon as possible to avoid such situation which will have issues on your future petitions and visa applications. You can file the extension 6 months in advance.