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  • Change of status L1 to B1

    Hi, I am on L-1B visa and my I-129s expires on 6/7/2015. My employer does not intend to extend my I-129s after 6/7/2015. Since my wife is due on 8/1/2015, we may have to file the I-539 to change status from L-1 to B-1. However, the expiration date of my latest I-94 is 6/7/2017, same as the expiration date on my L-1B visa in the passport.

    1. Under this circumstance, do we really need to change the status? or is it still legal to remain in the US considering that I-94 is still valid?
    2. I-539 asks me to fill in "expires on". Does it mean my I-129s (which is 6/7/2015), my I-94 (which is 6/7/2017) or my L-1B visa (which is also 6/7/2017)?

    Thanks a lot in advance!!

  • #2
    The expiration date on the visa indicates the time period during which you can travel to the U.S. The date on the I-94 indicates the length of time that you are allowed to stay in the U.S. on that trip.

    This means you can lawfully stay till the I-94 expiry. Note it only allows you to stay, but not freely leave /return to US .

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    • #3
      Originally posted by jasonda View Post
      Hi, I am on L-1B visa and my I-129s expires on 6/7/2015. My employer does not intend to extend my I-129s after 6/7/2015. Since my wife is due on 8/1/2015, we may have to file the I-539 to change status from L-1 to B-1. However, the expiration date of my latest I-94 is 6/7/2017, same as the expiration date on my L-1B visa in the passport.

      1. Under this circumstance, do we really need to change the status? or is it still legal to remain in the US considering that I-94 is still valid?
      2. I-539 asks me to fill in "expires on". Does it mean my I-129s (which is 6/7/2015), my I-94 (which is 6/7/2017) or my L-1B visa (which is also 6/7/2017)?

      Thanks a lot in advance!!
      When you say your employer does not intend to extend your I129s, does it mean they no longer would want your services, while in US, beyond 6/7/2015?

      If they dont intend to pay you beyond 6/7/2015 then you cannot continue to be on L1, you can try to move to B1 but pregnancy is not a valid reason to do a COS to B1 in order to stay in US

      This is my opinion not legal advice.

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      • #4
        L1 b to h1 conversion but change in employer

        Hi I have an L1 visa till Oct 16 with employer X, and my case is picked in lottery for H1B and my current employer X not interested to convert my visa. In that case can I change my employer X to Y and transfer my L1 to H1 visa with out stamping again.

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