L1B expired (valid I-94) to H1B

[raghvi]

As mentioned earlier, first time H1 stamping has to be in the home country.

[gkr747]

Thanks shervin143. Yes my H1 approval came with the I94, I need to collect it from my employer.
It is valid until SEP-2013.
Since you say I will have to get it stamped, do I have to stamp it in India (home country), since this is my first H1. Or can I just do it close by, like in mexico?

Hi vas9742, can u pls confirm this...

ur L1 expires Sept 14th and ur H1 starts Oct 1st...so there is a gap of 2 weeks where u will be out of status as ur present I-94 expires on Sept 14th...So even though ur current I94 is expiring on Sept 14th, u still got I-94 with ur H1 which starts at future date of OCt 1st??.

I have a similar scenario as urs but I thought my H1 WILL NOT come with I-94 attached due to the gap I am going to have. is my assumption wrong??

I am in US in H1 currently waiting on a future H1 approval with a gap like urs( I just do not know if I will get I-94 with it)...thats why I really want to know please let me know.

PS: Since u got I-94 with ur H1 thats means u technically need not leave US for stamping is my assumption if u can somehow stay in US during that 2 weeks gap....so have u thought about temporary COS to B2 or something just for that 2 weeks?..once the 2 weeks is over, ur H1 kicks in from Oct 1st and so u do not have to do COS back from B2 to H1. if u can do this, u may not have to go for stamping at all. It is an advice/suggestion.. @Shrevin, pls correct me if I am wrong anywhere here.

[vas9742]

hi gkr747, I am contacting my employer on Monday 06/25 to check on the package they rcd (as of now I have the electronic approval they passed me). When I spoke to them on 6/22 they said it came with the i94, but I will confirm this on 6/25. Thanks for your idea I will also check this out with them

[gkr747]

hi gkr747, I am contacting my employer on Monday 06/25 to check on the package they rcd (as of now I have the electronic approval they passed me). When I spoke to them on 6/22 they said it came with the i94, but I will confirm this on 6/25. Thanks for your idea I will also check this out with them

sure, will anxiously wait for ur reply...also if u got email about the approval notice from USCIS, it would have mentioned this "I-94 ( if applicable ): ur number" just below ur approval dates...if u see that with a i94 number then it is most certainly approved with i-94 I would say.

[vas9742]

gkr747,
forgot to post you. yes aproval does have I-94.
I am checking with attorney on options.

The initial info I received from attorney is that there is no harm staying during my 16 days gap. But I should not work.

I will check further and see if it has any GC impacts.

In ur case if you get an i-997-A, it will have an i94.
I beleive i-797-B will require you to step out for stamping

[gkr747]

gkr747,
forgot to post you. yes aproval does have I-94.
I am checking with attorney on options.

The initial info I received from attorney is that there is no harm staying during my 16 days gap. But I should not work.

I will check further and see if it has any GC impacts.

In ur case if you get an i-997-A, it will have an i94.
I beleive i-797-B will require you to step out for stamping

ty very much...ur reply gave me lot of confidence as I am in same boat with the gap.

[erpraveen_ec]

Dependent Travel during L1B to H1B COS

Hello raghvi, shervin143 and other senior members of this group
i would like to apprieciate you guys for clarifying most of VISA related quries.
I have similar questions on COS from L1B to H1B
Let me explain my Scenario first:
I and my Spouse both are in USA on L1(L1 expired but I94 expies on March 2014) and L2 VISA(valid till March 2014) respectively, My employer is going to apply L1 to H1 COS for me in April 2013.
My spouse has to travel to India in May 2013 urgently and want to come back to USA by end of June 2013.
I am not applying COS L2 to H4 for my spouse now

Question 1: Can she travel back to USA on L2 when my L1 to H1 conversion petition is in process?

Question 2: In case my H1 petition is approved on 1st June 2013 but it will be applicable only from 1st Oct 2013(since its my first H1 petition), can my spouse travel back to USA on L2 anytime between 1st June to 1st Oct, my status in this period will be L1, it will be changed to H1 only after 1st Oct 2013.

Thanks in Advance..!!!