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L1B to H1B Conversion and Stay

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  • L1B to H1B Conversion and Stay

    Currently I am on L1B Visa, which is going to Max Out on 25th June, 2016 approximately 3 months from now. I have raised a case through my company to convert my L1B Visa to H1B Visa as per my company's immigration team advise. If my H1B is approved then I will get my Visa converted to H1B which will be effective from 1st October, 2016. Now there is gap between by L1B Max Out date and H1B Effective date. As per my understanding, I have to leave USA before my Visa expires and get my visa stamped and re-enter after 1st October. Please help me for my below questions.

    1. Immigration team said the H1 B is being filed in consular mode. Is there any other mode of filing which will allow me to stay in US while H1B is approved and waiting for the effective date?
    2. Is there a possibility to convert my Visa to L1A (My company immigration team confirmed that I qualify for L1A) like in premium mode so that I can continue to stay
    3. Are there any other options?

    I have not applied for Green Card yet, just to let you know

  • #2
    Originally posted by dellite View Post
    Currently I am on L1B Visa, which is going to Max Out on 25th June, 2016 approximately 3 months from now. I have raised a case through my company to convert my L1B Visa to H1B Visa as per my company's immigration team advise. If my H1B is approved then I will get my Visa converted to H1B which will be effective from 1st October, 2016. Now there is gap between by L1B Max Out date and H1B Effective date. As per my understanding, I have to leave USA before my Visa expires and get my visa stamped and re-enter after 1st October. Please help me for my below questions.

    1. Immigration team said the H1 B is being filed in consular mode. Is there any other mode of filing which will allow me to stay in US while H1B is approved and waiting for the effective date?
    2. Is there a possibility to convert my Visa to L1A (My company immigration team confirmed that I qualify for L1A) like in premium mode so that I can continue to stay
    3. Are there any other options?

    I have not applied for Green Card yet, just to let you know
    1. COS option is there but only if your L1 was extending till 30-Sep-2016 and beyond.
    2. Yes if you qualify for it.
    3. No.

    L1A would take you till 2018. Might be a good idea to start thinking about beyond that too.

    This is my opinion not legal advice.

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