L1B-H1B COS with I-94 expiring before visa

[drtom]

Hi All,

I have a situation here.
My employer is filing l1-H1 status change. My VISA is valid till NOv 2013.
But I-94 was given only till my passport expiry date Sep 2013.

So my I-94 is expiring before my visa.

I have already renewed my passport. Can you please let me know .

1. What option do i have to renew I-94.
2. My employer says they have to file for L1-b/I-94 extension, will it affect h1b processing.?
3. Can i call USCIS and ask them if they can get me I-94 untill my visa expiry.
4. will a valid I-94 until nov 2013 of any help in H1B?

Thanks for your help as always.
Regards

[raghvi]

Hi All,

I have a situation here.
My employer is filing l1-H1 status change. My VISA is valid till NOv 2013.
But I-94 was given only till my passport expiry date Sep 2013.

So my I-94 is expiring before my visa.

I have already renewed my passport. Can you please let me know .

1. What option do i have to renew I-94.
2. My employer says they have to file for L1-b/I-94 extension, will it affect h1b processing.?
3. Can i call USCIS and ask them if they can get me I-94 untill my visa expiry.
4. will a valid I-94 until nov 2013 of any help in H1B?

Thanks for your help as always.
Regards

1. Go to nearest CBP post and see if they can extend your I-94 till Nov 2013. Otherwise only other options are to either file for L1 extension or leave US and return.
2. Possible. New H1 can start only from 01-Oct-2013 onwards so if employer files L1 extension, one never knows whether L1 extension approval comes first or H1 thereby creating possible confusion regarding status later on.
3. I doubt USCIS will entertain that. They will aks you to fiel L1 extension.
4. Yes surely. As mentioned, if the L1 I-94 is expiring after 01-Oct-2013 then the company can file a L1 to H1 Change of Status (COS) and once H1 approved, you move to H1 status from 01-Oct-2013. But if L1 I-94 is expiring before 01-Oct-2013, in order to remain in valid status from I-94 expiry till 01-Oct-2013 one needs to file for extension and in that case it becomes better to apply h1 as consular processing which requires on to travel outside US to get onto H1 status.

I would suggest you first try the nearest CBP post. If doesn't work then plan for a short trip outside US and return, hopefully you will get I-94 till Nov 2013 or beyond. If that also doesnt work then filing L1 extension would be the only option remaining. Remember, without getting a valid I-94 till 30-Spe-2013, you would be out of status between I-94 expiry and H1 active date.

This is my opinion not legal advice.

[drtom]

Thanks for providing the guidance.
I will try CBP first as suggested. Will share my experience for this whole episode.