L1B extension and conversion to H1B can it be applied at same time ?

[dassarth]

My L1 B visa is going to expire in April 2014 and my company is going to apply for extension and at same time from L1B to H1B conversion will be applied in April 2014 . Is it possible that both extension and conversion to H1B be applied at same time ?

[raghvi]

My L1 B visa is going to expire in April 2014 and my company is going to apply for extension and at same time from L1B to H1B conversion will be applied in April 2014 . Is it possible that both extension and conversion to H1B be applied at same time ?

Ye sit is possible. If your I-94 is also expiring in April 2014, and this is first time H1 then unless L1 extension is approved L1 to H1 COS will not be possible.

This is my opinion not legal advice.

[dassarth]

L-1B Visa

Ye sit is possible. If your I-94 is also expiring in April 2014, and this is first time H1 then unless L1 extension is approved L1 to H1 COS will not be possible.

This is my opinion not legal advice.

If my L -1B visa extension request gets denied before Oct 1st 2014 and i have to depart back to India, meanwhile my company would have applied for the L-1B to H-1B visa transfer before my I-94 expiry, will that become invalid and i have to apply fresh H-1B visa in April 2015 ?

[raghvi]

If my L -1B visa extension request gets denied before Oct 1st 2014 and i have to depart back to India, meanwhile my company would have applied for the L-1B to H-1B visa transfer before my I-94 expiry, will that become invalid and i have to apply fresh H-1B visa in April 2015 ?

The H1 can only start from 01-Oct-2014 so you would need a valid I-94 from April 2014 till Oct 2014. Generally in such cases USCIS will either raise an RFE asking you to first provide proof of L1 extension approval OR approve the H1 as consular processing which means you would move to H1 only after getting an H1 visa stamping done at a US consulate outside US.

This is my opinion not legal advice.