L1 To B1 Transfer

[adept1980]

Hi I am on L1B visa and my Visa and I-94 on expires July 31,2010, even though my employer has applied for L1B extension under PP. If it gets rejected. Can i

1. Transfer my status to B1 or travel back to india and come immediately on B1.

2. Can i apply for h1 2010 quota immediately after L1B extenson results and be here till sep 2010 on B1.


Please suggest me.

[shervin143]

It is not advisable to apply for a COS to B1 and back to H1B later. You can leave the country and return back in B1. You can apply for H1B as a consular process (as COS from B1 to H1B is not advisable. You will end up facing a lot of questions when you go for stamping next time). If the H1B gets approved as a consular process, leave the country, get it stamped and return back in H1B.

[adept1980]

Thank you for the response.

What is the procedure for Consular processing and should i do it when i am fileing for H1B.

Thank you for your response in advance

[shervin143]

While filing the H1B, there will be 2 options. One is a change of status, for which you will need to provide a copy of your existing I-94. The approval will come with a new I-94. The status would change to H1B effective the "Valid From" date on the I-94. The other option is the consular process. This will come without a new I-94. Whenever you decide to work on H1B, you will need to go out of the country and get the H1B stamped and return back in H1B visa.

Thank you for the response.

What is the procedure for Consular processing and should i do it when i am fileing for H1B.

Thank you for your response in advance