L1B to H1B approved, same employer - Time gap Bridge question

[Harry123]

Hi,

Tried looking for the exact permutation of my situation and couldn't find it. Apologies if these are repeat questions.

1) My L1b and I94 expired on 15-Aug-2014 (5 yr maxout). My company had filed for an H1B and it was approved (notice date) in May 2014 - it is valid from 01-Oct-2014 to 23-Jan-2016. The company had also filed for an L1A extension in Apr/May 2014 (before current L1b expiration) - result pending. During the 5 yr L1B period, I was out of the US 111 days. I intend to travel to India to get the H1B visa stamping in mid October which is 2 months after L1B/I94 expiration. Would it be an issue during the Visa interview? I've been advised that the 240 day rule allows me to work post the L1B expiration and should cover the gap from 15-Aug-14 to 01-Oct-2014. What is the general experience in such situations and what can I be asked? I've been with the same employer for almost 10 years now and its an in company transfer (not consulting or client site).

2) The approved H1B notice does not have a new I-94 - believe the process has changed and there is no I-94 anymore? When departing, should I just attach a copy of the lower section of approved H1B I-797 to my current white card I-94 (that has a date of 15-Aug-2014)? Just wondering how to convey that I haven't stayed unlawfully since L1B extension is pending and H1B was approved before L1B expiration.

Many thanks in advance for your advice.

[chec25]

Hi,

Tried looking for the exact permutation of my situation and couldn't find it. Apologies if these are repeat questions.

1) My L1b and I94 expired on 15-Aug-2014 (5 yr maxout). My company had filed for an H1B and it was approved (notice date) in May 2014 - it is valid from 01-Oct-2014 to 23-Jan-2016. The company had also filed for an L1A extension in Apr/May 2014 (before current L1b expiration) - result pending. During the 5 yr L1B period, I was out of the US 111 days. I intend to travel to India to get the H1B visa stamping in mid October which is 2 months after L1B/I94 expiration. Would it be an issue during the Visa interview? I've been advised that the 240 day rule allows me to work post the L1B expiration and should cover the gap from 15-Aug-14 to 01-Oct-2014. What is the general experience in such situations and what can I be asked? I've been with the same employer for almost 10 years now and its an in company transfer (not consulting or client site).

2) The approved H1B notice does not have a new I-94 - believe the process has changed and there is no I-94 anymore? When departing, should I just attach a copy of the lower section of approved H1B I-797 to my current white card I-94 (that has a date of 15-Aug-2014)? Just wondering how to convey that I haven't stayed unlawfully since L1B extension is pending and H1B was approved before L1B expiration.

Many thanks in advance for your advice.

2) here's the instructions on How to retrieve the I-94 online https://help.cbp.gov/app/answers/det...he-i-94-online

[Harry123]

2) here's the instructions on How to retrieve the I-94 online https://help.cbp.gov/app/answers/det...he-i-94-online

Thanks for this. It just lists the last I94 expired as of 15-Aug-2014. Should it show a revised I 94 based on the new H1B effective dates? Also appreciate an advice with question 1.

[raghvi]

Did you get a I797A or an I797B? It seems your COS to H1 was not approved, and possibly because your L1 ext was still pending. Thats why you may not have got an H1 I-94.

Also how come your company filed your L1A extension when you were on L1B? Did they file a L1B to L1A change?

Lastly, L1 +h1 can be at most for max 6 years thats why possibly your H1 was only approved till Jan 2016. At what stage is your GC in?


This is my opinion not legal advice.

[Harry123]

Did you get a I797A or an I797B? It seems your COS to H1 was not approved, and possibly because your L1 ext was still pending. Thats why you may not have got an H1 I-94.

Also how come your company filed your L1A extension when you were on L1B? Did they file a L1B to L1A change?

Lastly, L1 +h1 can be at most for max 6 years thats why possibly your H1 was only approved till Jan 2016. At what stage is your GC in?


This is my opinion not legal advice.

Hi Raghvi,

Thanks for the detailed note. Its an I-797B and states the petition is approved. Also, you're right now that I reviewed the process, it doesn't look like a COS, but a new H1 for the last year. You're right, Jan 2016 will mark the end of 6 years max. GC process has begun in early 2014 - I think the expected initial acknowledgement could come sometime in mid to late 2015 from what I was told. My job role changed to a managerial role, that's why the extension was filed as L1A. so for new H1 approval notices there wouldn't be a new I-94?
Regards.