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L1B to H1 B- L1 Visa expiring before October.

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  • L1B to H1 B- L1 Visa expiring before October.

    Current Visa Status:
    Type: L1B - Blanket
    Visa Expiry: August 02, 2014
    I-94 Expiry: January 13, 2017

    My employer is filing H1B this year. There is a GAP between my current Visa Expiry & H1-B Start Date (October 01, 2014).

    Can I continue to legally work in US after August 02 till October 01? (My employer won't allow to work on I-94, they strictly follow Visa expiry)
    Whether my H1B will be applied as COS?

    Please Help.

  • #2
    Originally posted by bibin_vs2003 View Post
    Current Visa Status:
    Type: L1B - Blanket
    Visa Expiry: August 02, 2014
    I-94 Expiry: January 13, 2017

    My employer is filing H1B this year. There is a GAP between my current Visa Expiry & H1-B Start Date (October 01, 2014).

    Can I continue to legally work in US after August 02 till October 01? (My employer won't allow to work on I-94, they strictly follow Visa expiry)
    Whether my H1B will be applied as COS?

    Please Help.
    Legally you can work on I-94 till Jan 13 , 2017 or till 5 Years physical stay completion, whichever is earlier. But if employee's internal policy doesnt allow to work on I-94 then you would have to leave on August 2014 and return after getting H1 stamped.

    This is my opinion not legal advice.

    Comment


    • #3
      L1B to H1 B- L1 Visa expiring before October

      I have a same case as mentioned L1-B Visa Expiring and have valid I-94 till 2015.
      Could you let me know the approx fees for the L1-B to H1-B COS for 2014.

      Should I go for Fresh H1 with my employer or apply for COS H1.

      Your help is greatly appreciated.
      Tony

      Comment


      • #4
        Originally posted by Tony_89 View Post
        I have a same case as mentioned L1-B Visa Expiring and have valid I-94 till 2015.
        Could you let me know the approx fees for the L1-B to H1-B COS for 2014.

        Should I go for Fresh H1 with my employer or apply for COS H1.

        Your help is greatly appreciated.
        Tony
        Filing fees depends upon lot of factors:

        Required Fees
        There are different fees depending on the type of H-1B petition you are submitting. Please refer to H-1B Data Collection and Filing Fee Exemption Supplement (pages 17-19 of Form I-129) for detailed instructions on fees.

        The following fees may be required:

        Base filing fee:
        $325
        American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee:
        (see H-1B Data Collection and Filing Fee Exemption Supplement, Part B):

        $750 for employers with 1 to 25 full-time equivalent employees, unless exempt.
        $1,500 for employers with 26 or more full-time equivalent employees, unless exempt.
        Fraud Prevention and Detection fee:
        $500 to be submitted with a request for initial H-1B status or with a request for a beneficiary already in H-1B status to change employers (does not apply to Chile/Singapore H-1B1 petitions).
        Public Law 111-230:
        $2,000 to be submitted by a petitioner which employs 50 or more employees in the United States where more than 50 percent of its employees in the United States are in H-1B or L-1 nonimmigrant status.
        Must be submitted with a request for initial H-1B status or a request for a beneficiary already in H-1B status to change employers.
        Premium Processing fee:
        $1,225 for employers seeking Premium Processing Service.[/I]

        As for Fresh H1 Vs COS. H1 would be either Consular or COS, in either case it would be a fresh H1 if one didn't have H1 in last 6 Years.

        This is my opinion not legal advice.

        Comment

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