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L1 to H1 transfer

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  • L1 to H1 transfer

    Hi, i have a question, currently I am on L1B visa and both my visa and i-94 is valid till 17th Sept 2012. I would like to apply for H1B in April 12.

    1. I heard new H1 visa applicants can only start working from Oct 1st, what will happen in my case as my L1 visa is expiring in Sept?

    2. Can i stay in US on L1 visa from Sept 17th till Oct 1st?

  • #2
    That depends on the mode of approval for the H1 petition. If H1 petition is approved with change of status (I-94 at the bottom of approval notice), then you can can stay in the US continuously and start working for hte H1 employer from Oct 1. If there is no I-94 at the bottom of approval notice (more likely), you will have to leave the US, obtain H1 Visa and return.
    This is my opinion and not legal advice.

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