L1 Blanket to H1B COS on valid i94

[kiran2956]

Hi

my visa is getting expiry in May 2017 and my i-94 is valid till jan 2020, another employer filed L1B to H!B COS, is it legal to file COS on valid i-94 or do i need to do anything ?

[raghvi]

Hi

my visa is getting expiry in May 2017 and my i-94 is valid till jan 2020, another employer filed L1B to H!B COS, is it legal to file COS on valid i-94 or do i need to do anything ?

When is your I797/I129S expiring?

[kiran2956]

I797 is valid indefinitely as it's L1B

I129 is valid till may 2017

Recently got approval for i94 extentiom till Feb 2020

[raghvi]

I797 is valid indefinitely as it's L1B

I129 is valid till may 2017

Recently got approval for i94 extentiom till Feb 2020

When you say you got approval for I-94 extension, does it mean you got a new I797 OR you went out of US and upon re entry you got a new I-94 OR you got yourself a new visa?

[kiran2956]

Hi Raghvi

My visa and i129s supposed to expire in may 2017 and as per my company suggestion i had requested for i-94 extension instead of L1 extension(as it has more rejection percentage), but my passport was set to expire at almost same time then i travelled out of usa and entered into USA with stamping in new passport and applied for i-94 extention with new passport stamping, and then i got i-94 extention for another 3 years. now i filled l1 to h1 cos with another company,

When you say you got approval for I-94 extension, does it mean you got a new I797 OR you went out of US and upon re entry you got a new I-94 OR you got yourself a new visa?

[raghvi]

Hi Raghvi

My visa and i129s supposed to expire in may 2017 and as per my company suggestion i had requested for i-94 extension instead of L1 extension(as it has more rejection percentage), but my passport was set to expire at almost same time then i travelled out of usa and entered into USA with stamping in new passport and applied for i-94 extention with new passport stamping, and then i got i-94 extention for another 3 years. now i filled l1 to h1 cos with another company,

Am still confused as to how you had requested for I-94 Extension. The sequence of event is confusing too. When you traveled out and wen for new visa stamp in the new passport, what is the I797/I129 you showed to to the consular officer? What is the expiry date on that I129/I797? Probably I am not able to comprehend. Would advise taking your documentation to an attorney to determine your options.

This is my opinion not legal advice.

[raghvi]

i went out of USA to just get stamped in new passport, when i am entering i still used same i129/i797 which is valid till may 2017, when i entered immegration office given the same date as like my visa, then my attorney from company filed for i-94 extention by showing new passport stamping and which got extended till Jan 2020.

I still cannot comprehend the process your attorney filed in order to get your I-94 extension, as the only way to do so for an L1 holder is to file form I129 which in turn would have gotten you a new I797. If you got a new I797 alogn with a extended I-94 at the bottom of the new I797 then you are good. Upon COS approval, you must work with H1 employer from 01-Oct onward.

This is my opinion not legal advice.