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**kabkaba** · 02-07-2012, 09:03 AM

Originally posted by golu2804 View Post

Hi,

I got my L1B stamped in May 2007 and I got it for 3 years i.e. until May 2010. I got this renewed again in May 2010 and I got this time until May 2013. Now, I have few questions:

1. Am I eligible to stay in US after May 2013, since I will be completing the cap of some 5-6 years, whatever it is?
Visa in your passport has nothing to do with your permitted stay in the US. That depends on your I-94. You can stay in the US as long as I-94 is valid. Only the time you spend in the US in L1 or H1 status counts towards the 5 year limit on L1B. Sometimes at port of entry, they mistakenly give I-94 which makes the total stay longer than 5 years, if that happens you still have to leave the US before 5 years limit is reached.
2. If I have to file an extension of this L1B, what is maximum time frame for which I can get the extension?
See above, if there any time left from the 5 years, your employer can extend your I-94 by filing a petition.
3. Can I file H1B now before my L1B gets expire? Can I get it convert to H1B?
If you have never had an H1 before, you have to wait until the annual cap opens. That will be on Oct 1 and petitions for Oct 1 start date can be filed on or after Apr 1. Your H1 cannot start before Oct 1. If you are currently in the US in L1B status and your L1B I-94 is valid up to Sep 30, then you can change status to H1B within the US. If not, you will have to either extend L1B I-94 to at least Sep 30 or leave the US and file H1B from outside.

Thanks,

Are you in the US right now?

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