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Have approved H1 but last US entry was on L1. L1 now expired and I am out of status
Hi,
I last entered the US on a valid L1 Visa. At the time I was outside the US, my employer, unbeknowns to me was processing a H1B visa for me. While overseas my H1 was approved, but because I wasn't aware of this I entered the US on my L1 visa, which expired mid 2004. The immigration person at my employer informed me that as I was on a H1B visa even though it was not stamped in my passport, so I did nothing else. Due to my company takeover recently I am now working with a new lawyer who tells me that I am out of status as my L1 has expired. My new lawyer also suggests I file for an adjustment of status to H1. My concern is that I am denied this and I must leave the US and cannot return for 3 years. Has anyone else been in a similar situation and did they have success in this process.
Currently I am applying for a I485 which was filed late last year.
Any assistance/ recommendations are greatly appreciated - thanks
I last entered the US on a valid L1 Visa. At the time I was outside the US, my employer, unbeknowns to me was processing a H1B visa for me. While overseas my H1 was approved, but because I wasn't aware of this I entered the US on my L1 visa, which expired mid 2004. The immigration person at my employer informed me that as I was on a H1B visa even though it was not stamped in my passport, so I did nothing else. Due to my company takeover recently I am now working with a new lawyer who tells me that I am out of status as my L1 has expired. My new lawyer also suggests I file for an adjustment of status to H1. My concern is that I am denied this and I must leave the US and cannot return for 3 years. Has anyone else been in a similar situation and did they have success in this process.
Currently I am applying for a I485 which was filed late last year.
Any assistance/ recommendations are greatly appreciated - thanks
