L1B Expiring H1B start date??

[vd_help]

Hello,

I will complete 5 years of physical stay on L1B next year (May-2012) and my I-94 is valid till 2014. My employer is ready to file my H1B in 2013 cap. My question is if I go for premium processing and get my H1B approval before May 2012, can I start working on H1B or I have to wait till 1 Oct 2013?

Thanks in advance.

[raghvi]

Hello,

I will complete 5 years of physical stay on L1B next year (May-2012) and my I-94 is valid till 2014. My employer is ready to file my H1B in 2013 cap. My question is if I go for premium processing and get my H1B approval before May 2012, can I start working on H1B or I have to wait till 1 Oct 2013?

Thanks in advance.

When you said next year I think you meant your L1 5 Year will complete May 2013 not May 2012 as written by you. 2013 H-1B Cap already got over June 2012. 2014 Cap will open April 2013 and the start date cannot be earlier then 01 Oct 2013. You will have to either convert L1B to some other Visa in order to stay from May 2013 till Oct 2013 or you would have to be outside US from May 2013 till Oct 2013. Also, as you would have already completed 5 Years on L1 you are eligible for only 1 Years on H1, if you process it next years as L1+H1 can only be for 6 Years Max. . This is my opinion not legal advice

[vd_help]

When you said next year I think you meant your L1 5 Year will complete May 2013 not May 2012 as written by you. 2013 H-1B Cap already got over June 2012. 2014 Cap will open April 2013 and the start date cannot be earlier then 01 Oct 2013. You will have to either convert L1B to some other Visa in order to stay from May 2013 till Oct 2013 or you would have to be outside US from May 2013 till Oct 2013. Also, as you would have already completed 5 Years on L1 you are eligible for only 1 Years on H1, if you process it next years as L1+H1 can only be for 6 Years Max. . This is my opinion not legal advice

Thanks for your quick reply.

Yes I mean May 2013. Will I be able to stay after Oct 2014 if my employer files for green card ASA my H1B is approved?