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L1B is expiring - can my employer apply for I94 extension?

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  • L1B is expiring - can my employer apply for I94 extension?

    Hello all,

    1. My L1B is expiring in the month of Feb 2013 and my company is in the process of filing for an L1B extension. I am moving to a new State in USA and the DMV in the new state requires valid i94 to issue a new Drivers licence. the DMV will generally issue the Drivers licences based on the validity of the I94. So can I ask my employer to apply for an i-94 extension through their Attorney?

    2. Also will it be correct process to apply for COS from L1B to H1B if I get a new i94 extension?

    3. If I get i94 extension by 15th Feb 2013 and my L1B expires on Feb 25. Can my employer directly file for L1B to H1B COS in 2014 quota with out applying for L1B Extension? is this process legal?

    Thanks for your help in Advance.

  • #2
    Originally posted by Anusha ga View Post
    Hello all,

    1. My L1B is expiring in the month of Feb 2013 and my company is in the process of filing for an L1B extension. I am moving to a new State in USA and the DMV in the new state requires valid i94 to issue a new Drivers licence. the DMV will generally issue the Drivers licences based on the validity of the I94. So can I ask my employer to apply for an i-94 extension through their Attorney?

    2. Also will it be correct process to apply for COS from L1B to H1B if I get a new i94 extension?

    3. If I get i94 extension by 15th Feb 2013 and my L1B expires on Feb 25. Can my employer directly file for L1B to H1B COS in 2014 quota with out applying for L1B Extension? is this process legal?

    Thanks for your help in Advance.
    There is difference between I-94 extension, petition extension and visa extension.

    On What date is your I-94 expiring?
    1. You can file for extension of stay request upto 6 Months before I-94 expiry.
    2. It depends, if you want to move to H1 you have to do a COS.
    3. Even if you file tomorrow for extension I really doubt you will get L1 extension approved by 15 Feb 2013 even if filed in premium. One cannot extend I-94 on H1/L1 without filing I129 petition for H1/L1 so your question of filing I-94 extension without filing for L1 extension doesnt make sense.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by Anusha ga View Post
      Hello all,

      1. My L1B is expiring in the month of Feb 2013 and my company is in the process of filing for an L1B extension. I am moving to a new State in USA and the DMV in the new state requires valid i94 to issue a new Drivers licence. the DMV will generally issue the Drivers licences based on the validity of the I94. So can I ask my employer to apply for an i-94 extension through their Attorney? -- They are doing that. L1B extension that you mention will come with a new I-94 when approved. The two are not different.

      2. Also will it be correct process to apply for COS from L1B to H1B if I get a new i94 extension? -- Yes

      3. If I get i94 extension by 15th Feb 2013 and my L1B expires on Feb 25. Can my employer directly file for L1B to H1B COS in 2014 quota with out applying for L1B Extension? is this process legal? -- Yes, as long as your I-94 is valid up to Sep 30 change of status can be requested.

      Thanks for your help in Advance.
      See above.
      This is my opinion and not legal advice.

      Comment

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