L1 extension or converting to H1 Visa

[rasm1234]

Hello Team,

My L1 visa and I94 as well expiring on Aug 2013 .

I am planning to apply for H1 visa in 2013 April quota.
so my question is
1) is it possible to continue my stay period( I mean after Aug 2013) after apply for H1 or I have to leave the country after Aug 2013? (I heard H1 is valid since Oct)
2) if I want to extend my L1 visa how many months before I have to apply for extension?

Please clarify these.

Thanks,
Rams

[raghvi]

Hello Team,

My L1 visa and I94 as well expiring on Aug 2013 .

I am planning to apply for H1 visa in 2013 April quota.
so my question is
1) is it possible to continue my stay period( I mean after Aug 2013) after apply for H1 or I have to leave the country after Aug 2013? (I heard H1 is valid since Oct)
2) if I want to extend my L1 visa how many months before I have to apply for extension?

Please clarify these.

Thanks,
Rams

1. No. You cannot stay on L1 as L1 has expired and you dont have an extension pending. You cannot stay on H1 as it will be active only from 01 Oct 2013.
2. You can apply for extension as early as 6 Months before your I-94 Expiry so you can apply Feb 2013 or thereafter.

Ideal option would be to apply for H1 April 2013 in premium, leave Aug 2013 get H1 stamped and return Oct 2013 on your H1.

If you dont wish to leave US, things sometimes become more complicated/risky/costly. As, to legally stay in US from August 2013 till Oct 2013 you would need to have an approved L1 Extension, and an approved H1 as COS effective Oct 2013. L1 extensions are taking very long time nowadays with many going into RFE stage and some eventually getting denied and by the time decision comes the person would have already overstayed also the risk being that the COS will get approved only if your L1 extension is approved, if L1 extension is denied you will have to leave US or be out of status. Sometimes L1 extension approval comes after H1 has become effective thereby causing more Status confusions. There are many examples of such complications under L1 to H1 COS questions in both L1 and H1 forums would advise you to go through them.

This is my opinion not legal advice.