L1 to H1 COS

[Kml]

Hi All,

I am on L-1B Visa and my Visa is going to expire by Sep-2013 but my I-94 is valid till June-2014. My questions are

1. If I apply for H-1B Premium by next year April-2014, can i stay in U.S with the H-1 receipt till it gets approved.
2. Can I be able to apply for F-1 Visa after Sep-2013 (after L-1 expiry) say like in the mid of Nov or Dec -2013 with my Valid I-94.

Thanks in advance.

[raghvi]

Hi All,

I am on L-1B Visa and my Visa is going to expire by Sep-2013 but my I-94 is valid till June-2014. My questions are

1. If I apply for H-1B Premium by next year April-2014, can i stay in U.S with the H-1 receipt till it gets approved.
2. Can I be able to apply for F-1 Visa after Sep-2013 (after L-1 expiry) say like in the mid of Nov or Dec -2013 with my Valid I-94.

Thanks in advance.

1. No. Merely applying H1 doesn't grant you legal stay in US you need to have valid I94. So for the period from June 2014 till H1 effective date you would need to apply for L1 extension and get it approved or move to some other status and get it approved.
2. Yes technically you can. F1 requires one to prove that one will return to home country after studies are finished, and proof of funds too. Also in future the L1 stay will still be counted against the L1 + H1 stay limit of 6 years.

This is my opinion not legal advice.

[Kml]

1. No. Merely applying H1 doesn't grant you legal stay in US you need to have valid I94. So for the period from June 2014 till H1 effective date you would need to apply for L1 extension and get it approved or move to some other status and get it approved.
2. Yes technically you can. F1 requires one to prove that one will return to home country after studies are finished, and proof of funds too. Also in future the L1 stay will still be counted against the L1 + H1 stay limit of 6 years.

This is my opinion not legal advice.

Thanks Raghvi! I have another query, Lets say If my L1 to F1 COS is approved, will my L1 be void?

[raghvi]

Thanks Raghvi! I have another query, Lets say If my L1 to F1 COS is approved, will my L1 be void?

I somehow am failing to understand what your exact objective is because of piecemeal info that you are providing.

Nonetheless, if COS to F1 is approved you would move to F1 status and have to adhere to rules of that status. If you want to return to L1 after that then either you leave US and re enter US before Sep 2013 on L1 or leave US get new L1 stamping done outside US after sept 2013 or apply for an F1 to L1 COS if in US.

This is my opinion not legal advice.