L1 Max out to H1

[bsbabu81]

Hi,

Right now I am on L1 visa and it is getting max out(completing 5 years including in/out time from US) by 25th August, 2014. My visa got expired already and I am on I-94. My I-94 is valid till June, 2016. I am planning to file H1 Visa with another employer. If my H1 petition get approved and if I get new I94 which is valid from 1st Oct, 2014, Do I still need to go out from US by 25th August? or Can I stay with L1 I-94 till September end and continue with new I-94 from 1st Oct.

Can anyone please answer my question. Any help is appreciated.

Thanks in Advance.

[raghvi]

Hi,

Right now I am on L1 visa and it is getting max out(completing 5 years including in/out time from US) by 25th August, 2014. My visa got expired already and I am on I-94. My I-94 is valid till June, 2016. I am planning to file H1 Visa with another employer. If my H1 petition get approved and if I get new I94 which is valid from 1st Oct, 2014, Do I still need to go out from US by 25th August? or Can I stay with L1 I-94 till September end and continue with new I-94 from 1st Oct.

Can anyone please answer my question. Any help is appreciated.

Thanks in Advance.

If your full 5 Year term of physical stay in US on L1B visa is getting over on 25th August, you will have to leave on or before that date. You cannot stay beyond that date on L1B unless you do a COS to some other visa type such as B2 before 25th August. Your H1 will kick in only from 01-Oct-2014 hence you would need to be in valid status from 25th Aug - 01-Oct-2014. OR you can leave US on or before 25th Aug and return 01-Oct-2014 after getting a successful H1 stamping done.

Also, as you would have completed 5 Years L1 stay, the subsequent H1, if not applied after 1 Year outside US stay , then you would get only 1 Year on H1 as L1+H1 can max be for 6 Years.

This is my opinion not legal advice.

[bsbabu81]

If your full 5 Year term of physical stay in US on L1B visa is getting over on 25th August, you will have to leave on or before that date. You cannot stay beyond that date on L1B unless you do a COS to some other visa type such as B2 before 25th August. Your H1 will kick in only from 01-Oct-2014 hence you would need to be in valid status from 25th Aug - 01-Oct-2014. OR you can leave US on or before 25th Aug and return 01-Oct-2014 after getting a successful H1 stamping done.

Also, as you would have completed 5 Years L1 stay, the subsequent H1, if not applied after 1 Year outside US stay , then you would get only 1 Year on H1 as L1+H1 can max be for 6 Years.

This is my opinion not legal advice.

Thanks Raghvi for your reply. I have B1 visa as well with multiple entries which is valid till sept, 2015. Can I transfer B1 visa to another employer(Where I am getting done with H1 Visa) for period from 25th Aug to 1st Oct, 2014. And then it can be transferred to H1? If it is possible case, can you please let me know process. My another question is, as my L1 is getting max out, can I stay on B1 for another month?

[raghvi]

Thanks Raghvi for your reply. I have B1 visa as well with multiple entries which is valid till sept, 2015. Can I transfer B1 visa to another employer(Where I am getting done with H1 Visa) for period from 25th Aug to 1st Oct, 2014. And then it can be transferred to H1? If it is possible case, can you please let me know process. My another question is, as my L1 is getting max out, can I stay on B1 for another month?

What you are planning is doable but fraught with issues.

Here are few challenges I see:

1. You would file a L1 to H1 COS in April 2014. And later you would have to file L1 to B1 before 25-Aug-2014 too. On B1 you cannot work and get paid salary in US.
2. Eventually USCIS has your L1 to H1 as well as L1 to B1 COS in front of them. H1 can start only from 01-Oct-2014. This can cause great confusions as per last action rule.
3. Assuming your L1 to H1 is pending and your L1 to B1 is approved then you would have to file a B1 to H1 COS. Seeing your past conversion from L1 to B1 as well as filing L1 to H1 and now filing B1 to H1. There is high chances that your H1 eventually gets approved as consular process.

I believe this mash up of your immigrant statuses carries high risks. It would be easier and wiser to apply H1 in April 2014, leave US in Aug 2014, get H1 stamped, and return 01-Oct-2014.

This is my opinion not legal advice.

[bsbabu81]

What you are planning is doable but fraught with issues.

Here are few challenges I see:

1. You would file a L1 to H1 COS in April 2014. And later you would have to file L1 to B1 before 25-Aug-2014 too. On B1 you cannot work and get paid salary in US.
2. Eventually USCIS has your L1 to H1 as well as L1 to B1 COS in front of them. H1 can start only from 01-Oct-2014. This can cause great confusions as per last action rule.
3. Assuming your L1 to H1 is pending and your L1 to B1 is approved then you would have to file a B1 to H1 COS. Seeing your past conversion from L1 to B1 as well as filing L1 to H1 and now filing B1 to H1. There is high chances that your H1 eventually gets approved as consular process.

I believe this mash up of your immigrant statuses carries high risks. It would be easier and wiser to apply H1 in April 2014, leave US in Aug 2014, get H1 stamped, and return 01-Oct-2014.

This is my opinion not legal advice.

Yes, I see the risk in that process. Thanks for your details. I have one more question in negative scenario. If I leave to India on Aug, 2014 and in case of visa rejection, can I come to US on B1 and change the I94 to H1

[raghvi]

If your B1 visa in passport is not cancelled while L1 stamping decision, then you can probably use that B1/B2 to re enter. Would you be using B1 OR B2 to re enter? As upon re entry you would have to declare the purpose of your re entry. Also, there have been cases where in sometimes the VOs annotate NO EOS/AOS/COS on B1/B2. If that happens then you wouldnt be able to do a COS to H1. Even if you do manage to re enter on B1/B2 the chances of a successful B1/B2 to H1 are slim. I would again re iterate that it would be easier to go for a H1 stamping and re enter on H1.

This is my opinion not legal advice.

[bsbabu81]

If your B1 visa in passport is not cancelled while L1 stamping decision, then you can probably use that B1/B2 to re enter. Would you be using B1 OR B2 to re enter? As upon re entry you would have to declare the purpose of your re entry. Also, there have been cases where in sometimes the VOs annotate NO EOS/AOS/COS on B1/B2. If that happens then you wouldnt be able to do a COS to H1. Even if you do manage to re enter on B1/B2 the chances of a successful B1/B2 to H1 are slim. I would again re iterate that it would be easier to go for a H1 stamping and re enter on H1.

This is my opinion not legal advice.

Thank you so much for all your clarifications.