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L1B to H1B COS

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  • L1B to H1B COS

    Hi,
    My L1B Visa is currently valid till Aug 2012.
    I am thinking of asking my employer to change my visa status to H1B so that i can have my total visa duration to be 6 years in instead of 5 years in case of L1B.
    I have following questions:
    1.Can I do the change of status to H1B from here in US.
    2.Also if my H1B gets approved when will it become effective?It is necessary that the H1B effective should start from 1st Oct?I am worried that in that case what will happen for my status after my L1B visa is expired in august.

    Appreciate if these queries can be answered so that I can plan for my Change of status or go for a L1B extension.

  • #2
    I assume your I-94 is expiring in Aug 2012.

    If you have never had an H1 before, you will have to wait until the next fiscal year which starts on Oct 1. Petitions can be filed on or after Apr 1. Since your current status does not extend up to Oct 1 and H1 effective date cannot be earlier than Oct 1, you will not be able to change status within the US. You will have to either extend the L1 status up to Oct 1 or leave and return with an H1 Visa.
    This is my opinion and not legal advice.

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