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  • L1B to H1B conversion

    Hi, my employer is planning to file my L1B to H1B conversion this year. My visa as well as I94 expires on July 1st,13. I wanted to know couple of thgs here:
    A) is there anyway I can stay in US if my company files petition before my visa n I94 expiry?
    B) how soon do we get the reciept for filing? Can I work based on that besides staying in US?
    C) how soon do we get the approval notice from the date of filing? Can I work based on that besides staying in US?
    D) what is premium processing and is it beneficial to stay back n work in US after July 1st?
    E) if my company is not ready to pay premium fee, can I pay that difference then directly to USCIS? Do i need to inform my company or will need any doc frm thm?
    F) lastly, in future if I have to travel overseas , can I get my stamping done from Canada instead of India?

  • #2
    Originally posted by rajashri27 View Post
    Hi, my employer is planning to file my L1B to H1B conversion this year. My visa as well as I94 expires on July 1st,13. I wanted to know couple of thgs here:
    A) is there anyway I can stay in US if my company files petition before my visa n I94 expiry? -- Yes, by filing L1 extension
    B) how soon do we get the reciept for filing? Can I work based on that besides staying in US? -- No
    C) how soon do we get the approval notice from the date of filing? Can I work based on that besides staying in US? -- Your status does not extend until Sep 30 and H1 status cannot start before Oct 1. So the H1 approval will not include a change of status and so you cannot stay in the US between Jul 1 and Oct 1. For that you need extension of L1 status between those dates.
    D) what is premium processing and is it beneficial to stay back n work in US after July 1st? -- No, it just gets the decision more quickly.
    E) if my company is not ready to pay premium fee, can I pay that difference then directly to USCIS? Do i need to inform my company or will need any doc frm thm? -- You can pay the fee, but they will have to file it. It makes no difference to your situation anyway.
    F) lastly, in future if I have to travel overseas , can I get my stamping done from Canada instead of India? -- You can in principle apply for the Visa in any country.
    See above.
    This is my opinion and not legal advice.

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