H1 with expired L1 I-94

[mrcoolbuddy]

Hi All,

I am currently on L1 Blanket and my both visa and I-94 expired on 29th Sep 2012. And my company filed L1B extension (regular) in late Sep and the case is in pending with USCIS.

I have H1B petition filed in 2007 and I never used it.

Can I apply for H1-B now(I can go cap exemption as I have an approved petition in 2007) with expired I-94?
Am I eligible for L to H COS?
And last but not least, Can I start my H1B cap exemption filing when L1B extension is in pending with USCIS? What are the chances of getting consular processing H1B approval if I start my H1B now?

Please advise.

Thanks.

[raghvi]

Hi All,

I am currently on L1 Blanket and my both visa and I-94 expired on 29th Sep 2012. And my company filed L1B extension (regular) in late Sep and the case is in pending with USCIS.

I have H1B petition filed in 2007 and I never used it.

Can I apply for H1-B now(I can go cap exemption as I have an approved petition in 2007) with expired I-94?
Am I eligible for L to H COS?
And last but not least, Can I start my H1B cap exemption filing when L1B extension is in pending with USCIS? What are the chances of getting consular processing H1B approval if I start my H1B now?

Please advise.

Thanks.

Though you may be eligible for H1 Cap Exemption you cannot file for a L1 to H1 Change of Status since your Visa and I-94 have expired. Unless the L1 extension is approved, your L1 to H1 if approved will be Consular Processing, a new H1 also will also be approved only with Consular Processing.

For one to get an approved COS one has to first prove that one is in a valid status. Since 29th Sep 2012 your stay in US will be considered in status and legal only if your L1 extension is approved. If L1 extension is not approved or abandoned, you are Out of status and illegal since 29th Sep 2012 till date of rejection/abandonment.

This is my opinion not legal advice.