L to H Coversion

[suhaanan]

Hi,

I am on L1b Visa in USA and my visa and I94 has been expired already on 16 May and i am waiting for visa extension result which will be expecting in few days as filed under premium processing and can you please answer the following questions.

1) My name came in H1b Lottery this year and i got the 797 approval and if my L1b extension will be denied then can i stay in USA and can i get the extension based on 797 H1b approval or do i need to go to india in case of denial of L1B extension.

2) I came to USA 6 months after getting the L1b visa and will i get these 6 months which i wasted in India in my total duration of 6 years in H1B.

Regards
Suhail

[raghvi]

Hi,

I am on L1b Visa in USA and my visa and I94 has been expired already on 16 May and i am waiting for visa extension result which will be expecting in few days as filed under premium processing and can you please answer the following questions.

1) My name came in H1b Lottery this year and i got the 797 approval and if my L1b extension will be denied then can i stay in USA and can i get the extension based on 797 H1b approval or do i need to go to india in case of denial of L1B extension.

2) I came to USA 6 months after getting the L1b visa and will i get these 6 months which i wasted in India in my total duration of 6 years in H1B.

Regards
Suhail

1. Did the H1 approval come with a I94 of its own ? As your I94 has already expired, in case of L1 denial, you should leave US, and return using H1 visa.
2. Yes, those can be recaptured.

This is my opinion not legal advice