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  • L1b

    Hi,
    I am currently on L1B visa through major IT company and my visa is expiring in Oct'2012.

    What are the options to extend my stay? Should I go for L1 to H1 for easy route? Also by when should the process be initiated to avoid any delays or issues?

    Please advise

    regards
    Andy

  • #2
    Your employer can file the extension up to 6 months before the current petition expires assuming you have not spent 6 years in the US in H1 status.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      Your employer can file the extension up to 6 months before the current petition expires assuming you have not spent 6 years in the US in H1 status.
      Thank you. My visa start date is Nov'09 and that's when I moved to US. Also if the company processes extension, will it be for 6 months or it can be processed for 2 more years? Or converting to H1 will be easy option?

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      • #4
        Extension duration depends on a lot of things such as actual time you have already used from the from 5 year limit and whether the employer is able to show that work is available for the whole period. Normally the remainder from 5 years up to a maximum of 3 years is given.
        H1 can only be filed when the annual cap is open (start date later than Oct 1 and filing date later than Apr 1). If your current I-94 does extend beyond Oct 1, the employer can file H1 on or after Apr 1.
        This is my opinion and not legal advice.

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