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Eligibility to stay in US

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  • Eligibility to stay in US

    I have an L2 which expires on 24th sep 2012.

    I would be applying for H1 in 2012 and start working on 1st Oct 2012.

    Assuming my H1 Petetion gets approved and I have a refence # to the petetion as well
    I would take leave from 25th Sep to .. as my legal status doesnt permit me to work.
    For the 7 days time (25th Sep 2012 to Sep 30 2012)

    Can I stay back in US without leaving the country and continue working on the same I-94 (Valid till 2014) from 1st Oct 2012 ?

    Is my understanding correct ?

  • #2
    Visa expiry does not matter, I-94 determines your duration of permitted stay. Since your I-94 expires in 2014, you can remain in the US till 2014 as long as your spouse maintains L1 status. H1 petition will be approved with change of status and will come with a new I-94. So, after Oct 1, you will be in H1 status and can remain in the US independent of your spouse as long as the H1 I-94 allows. You must of course maintain H1 status by working for the H1 petitioner.
    This is my opinion and not legal advice.

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