L1 to H1 transfer

[nits4u]

Hi,

I have a situation, currently I am on L1 visa, both of my visa and i-94 is valid till 17th Sept 2012. I am planning to apply for H1B in April,

1. since I can join only from Oct 1st 2012, can i stay in US between 17th Sept 2012 till 1st Oct 2012 on L1 Visa?

2. If no, is there a procedure that I can apply for L1 extension?

Please help.

Regards.

[shervin143]

I have a situation, currently I am on L1 visa, both of my visa and i-94 is valid till 17th Sept 2012. I am planning to apply for H1B in April,

1. since I can join only from Oct 1st 2012, can i stay in US between 17th Sept 2012 till 1st Oct 2012 on L1 Visa?
>>> You cannot. You will accumulate illegal stay. I even doubt if the H1B approval will come with a new I-94 in your case as your status expired on 17th september itself. Most probably your H1B will get approved for consulr process if you file the H1B petition as a COS fro your existing L1 approval notice/I-94. For the COS to be suiccessful, your L1 should get extened and based on the extended L1 petition, you will need to file the H1B COS.

2. If no, is there a procedure that I can apply for L1 extension?
>>> Yes. The employer will need to file the L1 extension. It is not advisable to have multiple petitions pending with USCIS (L1 & H1B) at the same time because of the issues due to last action rule. It is advisdable you get the L1 extended first (ext5ension can be files 6 months prior to your L1 I-94 expiry date) and then file the H1B as a COS from the extended L1 petition.

[maverick144]

I have a situation, currently I am on L1 visa, both of my visa and i-94 is valid till 17th Sept 2012. I am planning to apply for H1B in April,

1. since I can join only from Oct 1st 2012, can i stay in US between 17th Sept 2012 till 1st Oct 2012 on L1 Visa?

>> Yes.You can stay in US as along as your L1 extention is filed before the 17th Sep.Incase you have applied for H1 COS, USCIS may ask you about your status from 17th Sep to 1st Oct depending on which they will issue COS(I-94 copy). You may need to submit them the extention copy if asked.


2. If no, is there a procedure that I can apply for L1 extension?
>>Only your L1 employer can file the extention.

Please help.

Regards.[/QUOTE]