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L1 to H1B visa conversion Advantages ? L1 to H1B transfer, change of status implications in US

I have seen many of my friends, who come to US on L1 visa from a major Indian IT consulting company like Infosys, Wipro, Cognizant, TCS, etc and convert to H1B visa after one year or even less. I will try to explain some of the advantages of this process.

Job Market myth in US :

One of the biggest myths when you are applying for H1B visa petition is, you do not know how the job market is in US and How everything works down here in US.  People are kind of skeptical about the situation here. I completely agree with perception of situation.  Many of the big IT vendors like CTS, TCS or Infy, etc have implementations in US and they bring in their employees to work on site in US. IT people work very hard in India to get an onsite chance including countless sleepless nights and late night conference calls. The bad part is, L1 visa working employees realize after coming to US, that they are not well compensated when compared to their counterparts working on H1B visa in US.  Guess what, once they get grounded well around here in US, they plan on L1 to H1B conversion. The process of L1 to H1B transfer is not very complicated.

Advantages  of L1 to H1B transfer & implications :

There are many advantages of L1 to H1B visa transfer like below

  • Playing Safe : You are playing it very safe, there is no risk involved. Worst case scenario, you can still stay in US on L1 visa  if you realize the Job market is not improving.
  • Seek Full time Employment with Clients : Your opportunities are not limited to just IT consulting companies. You can start looking full time opportunities with a Client company. Might not be the client company you serve on L1, other similar Clients or American companies who need people with your skills. Your opportunities are in fact, endless.
  • L1 to H1B change of Status : Change of status is very simple from L1 to H1B visa. The transfer process is seamless. You can transfer your status from L1 to H1B visa and start working as soon as your H1B starts in October. You do not need to go to visa stamping, unless you plan to leave the country for some reason and re-enter US.
  • Choosing Good IT consulting company : You can talk to real companies and verify their authenticity. It is easy to find companies information in US, than in India. Your network is much broader. You have good chance of connecting with people in a company and you can make a wise choice for choosing a consulting company if you have to.  For more info, check article : How to Choose your H1B sponsor employer
  • Job search, first consulting project time save : You are not wasting any time for job search. The idea is, you keep working on L1 visa and then look for a Job and then take up an opportunity only when you find a good project, at least the first project. You have an option to choose the project. No time is wasted for break through. Typically, first consulting job is the harder part. Good things is, you do not have to waste time for the first job.
  • Help for projects : The other added advantage is, let’s say you start a project and you need some technical help or need to discuss some things about anything, you have a chosen set of old company friends who can help you to solve the issues.

I can keep on writing… the above listed seem very logical and definitely gives you an advantages. Your strategy for applying for H1B visa should be a safe bet with the current economy and recession. If you come to US on L1 visa and then transfer from L1 to H1B, you are playing a safer bet.  On the other hand, you may have lot of work load and other commitments on L1 visa because you may be the only person on site, but “there is no free lunch, you may have to work double shift to hedge the risk…”

Do you know any other advantages ? Add a comment…

   

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3,257 Comments

  1. Hi Saurabh,

    I am on L1B and it got expired on Dec 2011. I applied for extension from US and got it approved last year oct.
    My extension and I94 is valid till Dec 2013. I have not gone back to India after this and not yet got the visa stamped.
    As of now I have stayed 3 years in US with Company A.

    Q1) How many more years do I have on L1 as of now ?

    Q2) I plan to apply for H1 with Company B this april.

    I will be working with my current company till Oct 1st here in US . So if my H1 gets approved would I get 6 fresh years on L1
    or 6 years minus not of years/months utilized in L1 ?

    Q3) If H1 gets apporved, do I need to go for H1 stamping to India or can I do a change of status from here ?

    Q4) I plan to go on vation to india before Aug – would that have any imapct on my H1.

    Q5) Can my company B immediatly start GC processing once I join them in Oct 2013 ?

    Thank you

    Reply
    • Raj,
      1. You can spend at most 5 years inside US on L-1B. So you can do the math to know the remaining term left on L-1.
      2. You will get H-1 term of 6 years minus time already spent inside US on L-1.
      3. The employer can file H-1 w/ COS. If it gets approved, you don’t need to go for stamping immediately. If COS is not applied or denied, then you have to go for stamping before starting to work on H-1. Stamping is also required when you travel outside US next after getting it approved w/ COS.
      4. It will not impact H-1 processing, but will impact COS processing. In this case, make sure H-1 gets approved w/ COS prior to your India trip and then return to US on L-1 prior to Oct 1. This way you will still be considered on H-1 from Oct 1.
      5. Yes, legally they can but lot of companies wait for 6-12 months before filing the GC.

      Reply
    • Thank you For your reply Saurabh.

      Followup question:
      If I join Company B in Oct 2013 on H1, then I would be left with 2 years on H1.
      Lets say the company applies for GC after 6 months – would I have to leave US by end of six years or is there any provision while GC process is going on I can stay back.

      Reply
      • Raj,
        You can stay beyond 6 years if:
        – PERM has been pending for more than 365 days
        – PERM is approved, and I-140 is pending for more than 365 days
        – PERM and I-140 are approved, but dates are not current

        In (1) and (2), you can file for extensions in batches of 1 year; in (3) you can file for extension in batches of 3 years.

        Reply
  2. Hi Saurabh,
    My husband is on L1 valid till sep 2014, also I 94 is valid till that date
    my husband will be applying for conversion to h1 from company B and i will be applying for fresh h1b.
    My husband’s currennt company will be sending us back in Jun, so can i stay back in US on L2 and work until my petition is filed as my EAD, L2 & I 94 is valid until sep 2014?

    Reply
      • Appreciate your quick response!!

        But i have a query, in case my husband gets H1b and i do not, in that case can i continue staying in US on L2 and work without leaving US and asking my husbands employer not to file H4 since it is valid till sep 2014?

        Reply
        • PS,
          Your L-2 is dependent on your husband’s L-1. So as long as the husband is in US on L-1 visa you can stay and work on L-2 EAD. If the husband moves to H-1, then your L-2 becomes void and you need to either go on your own H-1 or H-4.

          If your husband leaves US on expectation to return on same L-1 visa in short period of time, then you can stay back on L-2 and continue to work. However, in this case his L-1 tenure is getting over and his intention will be to return on H-1 visa, so you shouldn’t stay back on L-2 visa. If you do stay back on L-2 and if USCIS questions in future, then you will have to show that his intent was to return on L-1 within short period.

          So it comes down to the probability of USCIS questioning the intent (which IMO is low). So if you want to play safe, then leave US; if you want to take a risk then stay back on L-2. Your call!

          Reply
  3. Hi Saurabh,

    My husband is on L1 from Company A and we are planning to convert his L1 to H1B, below are my queries

    1. Do we need to wait until April to apply for H1B ?
    2. What would be this converstion process ?
    3. Even if H1b conversion happens before October 2013, Will he be eligible to work on H1b with new company before october?
    4. Company A plans to send us back in Jun 2013, so if the conversion does not happen before that do we need to file new H1b from India or we can come back once our H1b is filed in US without getting it stamped from India?
    5. I am working on l2, how long will the dependent visa conversion will take
    6. I am also filing my H1b, does my husband’s visa conversion will have any impact on my visa filing?

    Appreciate your help in advance

    Reply
  4. Once the I140 is approved can one continue on L1B or L1A in US? Can the spouse continue in corresponding L2 and apply for EAD and continue to work if needed?

    Any response will be appreciated. I have been trying to find the answer to this for a while. Thank You.

    Reply
    • Dee,
      Even after I-140 is approved, you are bound w/ 5 years L-1B cap and 7 year L-1A cap. You can file extensions until that date but not beyond that. This is different from H-1 where extensions beyond 6th year are permitted based on I-140 approval.

      Reply
  5. Hi Saurabh,
    Hope you are doing great. I have a quick question for you regarding the maximum period of stay on H1B. I am maxing out my stay on July, 2014. Is it true that If you are outside of USA for 1 year then you can again apply for 3 + 3 year petition. Basiscally , People are saying that your clock got re-set if you stay outside of USA for 1 year. The reason I am asking is that I came out of USA on 1st March, 2012 . So, if the above statement is true then i can plan to come after 1st March, 2013.
    Also, Is it true that if you are outside of USA for 1 year and working on managerial role then you are eligiable to apply your Green Card in EB1 Category.

    Reply
    • Aakash,
      Your clock is reset if you:
      – stay outside US for more than 365 days
      – go through the quota/cap again

      So just staying outside US till Mar 2013 will not be sufficient to reset the clock. You will have to apply again in next year’s cap.

      Reply
  6. Hi Saurabh,

    I am very stressed and need yur help. I for my H1b COS approved in Oct 2012 and now I am on H1 status. when My employer filed my H1b , I was working in NewYork but in June ‘ 12I moved to CA and working remotely on the same position , same employer nd same project but working in California remotely, Now I have family emegency in India and have to go in 2nd week of jan ‘ 13 and asked my employer to give me required documents for stamping. they told that they send an amendment for my location change in dec 2nd week. Now my ques is

    1) how much time it may take>
    2) can it be done in PP , and then how much time it will take?
    3) Can I leave country , while this location amendment is in progress?
    4) My employer says when they will get approval they will send papers by Fedex in India andd then I can go for stamping, Is this fine to do?
    5) what are chances of stamping I am in EC model.

    pls help. Thanks
    SG

    Reply
    • SG,
      1. It can take 1-2 months
      2. I don’t think there is PP for H-1 amendment, but your attorney can confirm
      3. Yes
      4. Yes
      5. Can’t say. Some fare good, while others end up in 221g. Carry all the documents related to your project/client especially around employer-employee relationship.

      Reply
  7. I am on L1B Visa through company-A, My L1B visa is valid till 15th Aug 2013, My I-94 is valid till 2015
    I am planning to change my L1B Visa to H1B on premium processing through company-B on coming April 2013,
    I am planning to go India and come back before (on June/July) Aug-2012 on L1B,

    Is there any chance on my H1B COS will be denied if that will apply on Oct-1 2013 as i have traveled to India after applying H1B, Kindly suggest

    Reply
    • Ajay,
      If you want your H-1 to be approved w/ COS, then make sure you don’t leave US until the petition has been approved. Once the petition is approved w/ COS, you can leave US and return on L-1 visa (again prior to Oct 1) and still be on H-1 status from Oct 1.

      Reply
  8. Saurab

    Recently I got H1 thru COS, and working for new employer, now I am thinking to change the job.
    My question is-
    I haven’t get stamped after my COS, Will it be problem if I change job before my H1 stamping???
    What are the possibilities do I have in this situation

    Please help me

    Reply
  9. Hi Saurabh,

    Thanks for all your good work that you are doing through this site

    I was on H1B from Oct 2006 to Sept 2009(Expired, H1B was utilized only 7 months during that period), Now I am on L1B with same Indian company from June 2010 to June 2013, My company is ready to file L1 to H1 COS before April 2013 outside of 2014 quota (on the clause of holding H1B any point of time in last 6 years) as rejection rate is high for L1 extension. Could you please clarify following queries?
    1. What would be my H1B start date if my H1 is approved? Will it be 1st Oct 2013 or H1 approval can be earlier date of my L1B VISA expire date (June 2013) as my H1B won’t come under 2014 quota?
    2. Please suggest me, is there a way I can continue in US without leaving to India if my H1 approval date is 1st Oct 2013 though my H1 won’t come under 2014 Quota, as my wife is pregnant and her due date is in June 2013?

    Reply
    • Kumar,
      1. Start date would be the date on which H-1 gets approved. It can get approved prior to Oct 1 and even prior to L-1 expiration date.
      2. It is very unlikely that the date would be Oct 1. Your employer can file H-1 COS now and it can get approved within next 4-5 months.

      Reply
        • Hi,
          Just a query on the above post ..

          Will it not be case that this H1B will not be counted in cap-exempt since as I had read in earlier posts that the start date is considered for the 6 years period , which in this case seems to be from Oct-2006 to Oct 2012. So will the employer still able to revoke the initial H1B after Oct 2012 ? Secondly there was a clause that you should not have been outside US during the H1B period “Oct-2006 to Oct 2012.” more than a year to get qualified for cap-exempt if I have read it correctly earlier.

          Reply
          • Rohit,
            I have seen instances where USCIS hasn’t been very strict about the 6 year rule and they can approve the H-1 even if it was approved outside the immediate 6 year term.

            If the person has stayed outside US for more than a year, they can go through the cap again and reset the clock. But it is not required for them to necessarily stay outside US for more than 1 year to be still eligible for cap-exempt.

  10. Hi Saurabh,
    Could you please advice on my situation. I have travelled to India from US on 02-Sep-2012 because of my I-94 expired in my L1. And i got a new H1 in the mean time and went to stamping interview on 07-Oct-2012 in Chennai. They gave me 221-G pink slip “Pending for Admin processing”. Till now i am seeing “Pending Processing”. People are telling, this is because of the incident happened in Chennai US Consulate last month and also common muslim name. Please clarify this. I am seeing couple of people’s status are getting “ISSUED” in last 2 days. Can you please advice when can i expect my Stamped passport approximately. Please advice. Thank you very much

    Reply
    • Mohamed,
      Yes, it could have been issued b/c of common Muslim name. Usually most of the pink receipts are resolved within 3-8 weeks but some can take longer. There is not much you can do except to wait for them to complete the processing.

      Reply
      • Thanks a lot Saurabh,
        I am still waiting for my visa to be stamped… This is 12th week going on, Could you please advise here. I have informed to my office, they said they will communicate to US embassy for the status once this 3 months(12 weeks) elapsed. Are we going in the right path? Is there any way, I can get my PP back from embassy and apply for another country and later if US visa 221g is completed, should i give PP and get it stamped. My most preference is to get my US visa stamped other than other countries… Kindly please advice…. Thanks a lot

        Reply
        • Mohammed,
          Yes, you can request the consulate to return the passport w/ reason that you need to travel to another country. Once they have completed the processing, you can return the passport for stamping.

          Reply
    • I think having gotten 221-g twice I am well suited to answer this one.

      a) This has nothing to do with any recent development.
      b) Be ready to wait for upto two months, some cases take upto years to resolve.
      c) It becomes faster if you’ve had a 221-g issued earlier. In your case, you did not mention if you got 221-g earlier. In my case, first wait was for 6 week. second wait on renewal was for 2 weeks only.

      All the best

      Reply
  11. Hi,

    I am currently on L2 & have applied for EAD, which is in process. We have VISA valid till mid 2013 & I-94 till Mid 2015.
    Here, I have a question:
    My spouse would be here in US for couple of months & I’ll be travelling back to my home country. Will my EAD be valid in this case? Clarity on this subject would help me taking next steps.

    Your help will be highly appreciated!
    Thanks . . . Vj

    Reply
      • Thanks a lot! Appreciate your valuable time & support!

        One more question out here – Is there any restriction on my spouse travel outside US, because very rarely she travels outside US for her official work.

        In short how does my EAD validity gets impacted by my Spouse travel outside US or with VISA & I-94 Validity?

        Rgds, Vj

        Reply
        • Vj,
          You can continue to work on EAD until its validity date and are not impacted by spouse’s travel. However, if the spouse is no longer allowed to work in US on L-1, then you will have to leave US irrespective of whether your I-94/EAD is valid or not.

          Reply
          • Thanks!
            That was helpful. I have received my EAD card valid until my VISA validity.
            If after VISA expiration, my spouse is on I-94 extension, then can I renew my EAD card, as even I’ll be able on I-94 extension?

            Rgds, Vj

          • Vj,
            When your spouse files for extension, you will also have to file for your extension. Based on your extended I-94, you can file for EAD extension.

  12. Hello Saurabh,

    My L1 has expired on 1st-Oct-2012 through employer A. I-94 is valid till March 2015. Employer A had also applied for a Change of Status L1-to-H1 on May 2012. Last week, my employer attorney has received an RFE (Request for Evidence) on my H1 Application.

    Question –
    1. Since the L1 is expired and H1 is pending, what is my legal status with respect to employment? Am i still eligible to work with Employer A.
    2. What would be the H1 approval date? Is it the date of the RFE approval or will it be 1st -oct- 2012?

    Appreciate all your help!!.

    Thanks,
    Sachin

    Reply
    • Sachin,
      1. You can continue to work for A on the basis of your I-94 which is still valid
      2. H-1 approval date would be the date on which it actually gets approved and not Oct 1.

      Reply
  13. Hi Saurabh,
    I’m currently working with Company A on L1B VISA. I’m planning to shift to H1B. Can you please share how can i proceed in this matter. How to find the prospect company for sponsoring my H1B? and what is the expected time line for this process? I assume, I can only get H1B approved in 2014 if I start processing today since the quota for 2013 is filled. Is that true?

    Regards,
    rud

    Reply
    • Rud,
      You need to find an employer and ask them to file H-1 w/ COS once the quota opens in April 1, 2013. If processed and approved timely, you can start working on H-1 from Oct 1, 2013.

      Reply
      • Hi Saurabh,Greetings!!

        I got my L1B (Company A) to H1 B (Company B) approved but COS got denied because I had to travel out of US while the transfer was pending. Got the I797C back from company B stating COS denied but H1B approved.

        Now in this situation – I found an offer with a (Company C) large Indian IT firm who wants to transfer my H1b and take me as fulltime.

        1.Could the H1B transfer to company C be done with I797C ?
        2.I asked the consulting firm (Company B) to file COS in premium , but not sure if they have done it yet because they are not reachable due to Sandy – Can I only get the transfer done only when the premium COS is approved -?
        3.If Company C can apply for the transfer with I797C without COS, and COS is approved for Company B. Can I choose to work with any of these 2 companies? I would prefer to join as a contractor and continue with Company B. Because Company C is large Indian firm and wont file for Green card.

        Please do let me know my options….Your Help is appreciated as always!!!!

        Reply
        • DOSS,
          1. Yes, it can be done on the basis of approval notice you have received
          2. COS is not a prerequisite for this. C can file for H-1 transfer along w/ COS
          3. You can definitely work for B in this case (i.e. B’s COS gets approved). I think you can work for C as well based on H-1 portability, but not 100% sure as C’s petition would have been filed prior to your COS approval. Check w/ C’s attorney about this.

          Reply
  14. Hi Saurabh,

    I am currently working for company A on L1B (I-94 and VISA, both are valid till April 15, 2013). I found company B who filed my H1B COS in April 2012 and my petition was approved on Sept 14, 2012 (start date Oct 1, 2012 thru 12/31/2014). Today is Oct 11, 2012 and I am still working for company A (L1B) because company B could not find any project yet.

    My questions are:

    (1). Is it illegal to stay on L1B status when I already have my H1B COS approved and having start date asOct 1, 2012?

    (2). 1 of my friend who did the same COS last year told me that because my L1B end date (even I-94) is valid till April 15, 2013…. I can stay on L1B status and search for project (60 days grace period). Once I find a project, then I can resign from company A and join company B to process change of status. Is it true?

    (3). If above point is not true, then what should I do now? I have approved H1B COS effective from Oct 1 2012 but I am still working under company B (who filed my L1B). I am searching a project but it might take 15-30 days.

    Thanks in advance !!!

    Regards,
    Aryan

    Reply
    • Aryan,
      1. You need to start working on H-1 as your COS has now become effective.
      2. There is no 60 day grace period given. Either move back to L-1 status by re-entering US on stamped L-1 visa, or start working on H-1.
      3. Refer (2). You need to move to H-1 ASAP irrespective of whether you have a project or not. You need to start getting paid from your H-1 employer.

      Reply
      • Saurabh,
        the article above states
        Playing Safe : You are playing it very safe, there is no risk involved. Worst case scenario, you can still stay in US on L1 visa if you realize the Job market is not improving.

        This means we are safe and can work on L1 even we have H1.
        Please clarify.

        Reply
        • Suresh,
          No. The article says if you are uncertain about H-1 market, then don’t apply for H-1 and continue working on L-1. It doesn’t include the scenario where the person has already applied and got approved H-1 w/ COS.

          Reply
    • Hi Saurabh

      I am also in the same boat as Aryan. I have one query. I have got my H1-B approved from NJ based employer.

      I am not sure it is approved with COS or without COS? What is COS?

      Please let me know ASAP. Appreciate your help.

      Regards
      Sudhakar

      Reply
      • Sudhakar,
        Let’s say a person is already present in US on L-1 visa when the H-1 was applied. They have the option to file H-1 w/ COS (change of status). When the petition is approved w/ COS, it wil change the person’s visa status from L-1 to H-1 from the approval effective date. This will allow the person to work on H-1 from that date w/o needing to get H-1 visa stamped from the home country first.

        Reply
  15. hi
    my husband is on L1, we have our L1 I94 till 2013 june, our H1(different employer) has approved in oct2012, now my husband dont want to change the status right now, he wants to continue with L1, but the employer is pushing to change, so my question is
    Can we stay back in L1 visa without accepting H1

    Reply
    • Shwetha,
      If the H-1 was approved w/ COS, then the status change will happen automatically. To continue working on L-1, either COS from H-1 to L-1 needs to be filed immediately. The easier option is to travel outside of US, and then return on stamped L-1 visa (you can use the existing visa stamp in the passport if it has not expired). If your H-4 was also filed, then same applies to you as well.

      Reply
  16. Hi Saurabh,

    My company filed L1B Individual Visa for me because I am not from computers background to qualify for L1B blanket. Some one said L1 Individual is same as H1 visa. Is that true? Can I switch my current company if I am on L1 individual visa? Please share your taught’s on this.
    Thanks In Advance..

    Regards
    Sumith

    Reply
      • Hi Saurabh,
        I am in a situation where my H1B is approved, but COS got abandoned since I travelled to Canada for a 2 days while the process was pending.

        I am on L1 now, until Jan 2013.

        How long would it take for a new COS to be approved.
        Are there any chance of denials
        can this be done on premium processing.

        Please advice.

        Thanks!!

        Reply
        • Saurabh…just adding another question regarding my situation.

          My wife is pregnant now and due date is around the expiry of my L1B on Jan mid 2012.
          I understand Company B needs to file my COS to H1B or I need to go out of the country ,get the Visa stamped and come back.

          1.In this situation: Can I ask company A to file for a Business Visa until the delivery of my kid and can company B file COS from a Business visa to H1b?
          2.How long would it take for a new COS to be approved.
          3.Are there any chance of denials since I went to canada for 2 days
          4.I just found COS can be filed in premium processing, if it gets filed and gets denied before my L1B expiry …what are my options?

          Reply
          • JDBOSS,
            1. It may add another complexity to the situation and may get denied as you have shown immigrant status by filing dual intent visa (like H-1) and B-1 is a pure non-immigrant visa.
            2. 2-3 months
            3. It can be denied if USCIS determines that you didn’t maintain legal status in US
            4. If COS is denied, then you can either file for L-1 extension or go for H-1 stamping to a US consulate and return on stamped H-1 visa.

          • JDBOSS,
            Also remember to take similar action on your wife’s status as well. She may be on L-2 and will have to move to H-4 along w/ your H-1.

        • JDBOSS,
          COS may take 2-3 months to get processed. Yes, it can be denied if USCIS determines that you didn’t maintain legal status in US. I don’t think PP service is available when applying for COS alone.

          Reply
  17. Hi Saurabh,

    Great work sharing all good information.

    I’m currently on L1. My H1 petition from another employer got delayed and looks like any approval/rejection decision will be taken only in october. So my question is, if I get my H1 approved on October 10th (for example), Is it mandatory that I must work for the new company from the next day (Oct 11th)? Or could I work for my current employer (any notice period/transition) for couple of weeks more (Since my L1 is valid till December 2012)? And then start with my new employer on H1 ?

    Reply
  18. Hi I am in L1A status currently. The visa is valid till 2014. Can i conver to H1 status in the next year and start being in h1 status and work in h1 status starting from oct 2013. Will this work out? Do i have to leave to India and get my visa stamped in order to begin my work in h1 status?

    Reply
  19. Hello Saurabh,

    I have my approved COS., start date is 1st of Oct., Is it good to resign on 1st oct to my old firm??? Is there any complication for my GC process in future??? Pls advise

    Reply
  20. Hello Saurabh/Kumar/all,
    I am working with a big-big MNC from Europe. This year a service company filed for My H1B petition for which I am still waiting approval since June 1st week.
    Now my company want me to travel to US on L1, as my current employer doesn’t know about my H1 petition and I dont want to tell them about it as my petition is still in initial review status.
    I have signed a bond with services company (my prospective employer ) that if i do not travel to US via them, after my H1, then I need to pay USD 5000+.
    I know H1 is better than L1, but also my current employer is more stable than may future employer, as it is into products.
    What shall I do? all suggestions are more than welcome.
    Thanks in advance..

    Reply
  21. Hi Saurabh,

    My I-94 is valid till 29th June 2013 which is the expiry date of my passport.
    However my L1B visa is valid till 18th Sept 2013.
    How can I get my passport renewed as well the I-94 renewed atleast till 18th Sep 2013.
    and Can I stay at USA beyond 29th June 2013.

    Thanks,Sunil

    Reply
    • Sunil,
      Check Indian embassy/consulate website closest to your location for passport renewal process. Usually it is pretty simple. Once passport is renewed, you can apply for I-94 extension by either going to CBP office or submitting an application to USCIS. Unless this is done, you cannot stay beyond current I-94 expiration date.

      Reply
  22. Hi Saurabh,

    I have couple of questions and hope you would be able to resolve this. I am very confused and don’t know how to proceed on this. I have L1B VISA and this is valid till April 30, 2013.
    My current employer has filed H1 in May 2012 with change of status and this has not been approved till now.

    I have to go to India in Last week of Nov and Return USA on Dec 15 with urgent family commitment. I have done flight reservation for this.

    Questions :-

    1) What will happen to my L1B once my H1B petition is approved. Does my L1B VISA get voided?
    2) Do I have to go for stamping, as I don’t want to do so because I will not get time for this. Can I go to India on my L1B VISA and return back on same without Stamping even my H1B petition is approved?
    3) If I go for stamping and my H1B(COS) is not approved then will I be able to return to USA on my L1B Visa?
    4) Please suggest best way to handle or proceed on this.

    Your input and suggestion on this will really be appreciable. Thank You so much for your help! Appreciate all your effort for great feedback on this site

    Sunil Jain

    Reply
    • Sunil,
      1. Your visa will remain valid, but your status will change from L-1 to H-1 if H-1 gets approved w/ COS and you are still in US at that time.
      2. Yes, you can return on L-1 visa as long as your L-1 employer wants to employ you and the visa stamp is still valid.
      3. What stamping are you referring to? If your H-1 is not approved then you cannot go for H-1 stamping
      4. Do you want to work on H-1 or L-1?

      Reply
      • Thanks Saurabh and It is nice to see your response. My H1B has been approved with COS and this is going to be effective since 1st Oct 2012. I received I94 and that is valid till March 2014. I just want to let you know that I am on L1B till 30 Sept and the same employer (under which I am having L1B (Valid till April 30 2013) filed H1B for me.
        I will be going back to India in Nov and my return ticket is of 15th Dec. Here is the situation and I want your expertise on this. I will be going for Stamping for H1B VISA in India before my return to USA. Here are my questions:-
        1) What will happen if My H1B is denied during Stamping? Can I return on my L1B VISA as this valid till April 2013? (Note: Employer is same for HB and L1B). Do I have to perform any paper work on this?
        2) What will happen if I receive 221G during stamping? Can I return on my L1B VISA as this valid till April 2013? What will happen to my H1B VISA for which I receive 221G? I have to return USA by mid DEC.
        I know this is not a positive question and I want to know worst scenario that can happen with me. Thank You so much Saurabh and I will await for your response on this!

        Reply
  23. Hi Saurabh,
    Thanks for helping me everytime I needed help .I am on L1b Visa and its expiring on Sept 10 and I94 expiring on Sept 20.My company is planning to file extension next week.Also I’ve H1b COS approved from Oct 1st.My questions are :
    1)If my company files extension between Oct 10 and Oct 20 would I be out of status until my extension is filed?
    2)Also if I join my H1b employer on Oct 1st and at a later stage get my L1b approval(In case my company doesnt withdraw it)would my status again change back to L1b.
    3)If I do transfer before Oct 1st what all I need to do?
    4)If I transfer my H1b to other employer before Oct 1st do I still need to work for my original H1b employer until my H1b is transferred to other employer,If no then for whom I would be working for effective Oct 1st?
    Thanks,

    Radha

    Reply
    • Radha,
      1. Yes
      2. Yes
      3. Approval copy from H-1 employer or at least the receipt number w/ print-out of online approval status. Other documents are same as your 1st H-1 petition
      4. You can start working for the new employer from Oct 1 based on transfer receipt. However, if transfer gets denied, then you will have to go back to old employer or immediately file for another H-1 transfer.

      Reply
  24. My L1B and I-94 is going to expire by 03-SEPT-2012, meanwhile I got my H1B (With COS) effective from 01-OCT-2012. I have applied L1B extension and got RFE and it has been denied by USCIS on 01-SEP-2012. So do I need to leave the country immediately or it is legal to be here for 4 or 5 still I receive denial notice by post?
    Is there is any legal way to reply the RFE again?
    If my L1B has denied, do I face any issue is stamping my H1B Visa?
    Is there is any way to check the appointment status of H1B Visa in Chennai Consulate.

    Reply
    • Hello Sharan, Same case for me too… You can create a new L1-B extension again. But if you have H1-B better to go back and come again…

      Reply
    • Saurab, Please reply on this )-

      My L1B and I-94 is going to expire by 03-SEPT-2012, meanwhile I got my H1B (With COS) effective from 01-OCT-2012. I have applied L1B extension and got RFE and it has been denied by USCIS on 01-SEP-2012. So do I need to leave the country immediately or it is legal to be here for 4 or 5 still I receive denial notice by post?
      Is there is any legal way to reply the RFE again?
      If my L1B has denied, do I face any issue is stamping my H1B Visa?
      Is there is any way to check the appointment status of H1B Visa in Chennai Consulate.

      Reply
    • Sharan,
      If no new L-1 extension is filed, then you should leave US by Sep 3. You can then go for H-1 stamping and return to US on stamped H-1 visa. L-1 denial should not impact the outcome of H-1 stamping.

      The company can file MTR against the denial but it needs to be filed within 30 days and it doesn’t give you authorization to stay in US.

      As for visa dates, you can look it up on VFS India website.

      Reply
  25. Hi Saurabh,

    If I have to void my h1B COS which gets approved after OCT1 from a later date say OCT 25( as this year approvals are delayed). Can I still go out to India and come back to make the H1B void and Continue with the current L1 Visa.

    Looking for the possibility for my spouse to continue on L2 if her h1B is not approved and mine H1B is approved.

    Please suggest.

    P.s: I have L1 and wife on L2(EAD). Both’s H1B COS is in process and pending, expected after OCT1.

    Reply
  26. Hi,

    I applied a new H1 B with COS in June and it got approved with start date as October 1st.
    But i went to India in August on my L1 and came back 1 week ago. My employer is saying that my COS is cancelled because i travelled to India and he is saying that a new COS needs to be applied again.

    Is this correct? What i thought was COS will not be cancelled.

    Please give me your opinion on this.

    Thanks.

    Reply
    • Mohan,
      Did you leave US after COS approval or prior to that? If you left US after H-1 got approved w/ COS, then COS will still go into effect from Oct 1. If you left US prior to H-1 approval, then COS has been abandoned.

      Reply
      • Thanks for your reply.

        I left US after my H1 got approved with COS.

        My Company’s attorney is saying that COS has to applied again and actually he started to
        filling the documents today.

        But as you are saying , my COS will be still active from October even my i got new I94 when i came to USA ? And can i start working from October 1st?

        Reply
        • Mohan,
          That is my opinion. I would suggest talking to another attorney. I also read on other prominent forums that COS would still go into effect when approved for a future date. In the end, you will have to go w/ what your attorney says as they are responsible for all the work.

          Reply
          • Under the ” last action” rule the last I-94 issued controls your status. If you left the US after H1 was granted, and thus got a new I-94, that new I-94 controls your status and invalidates the previously issued I-94 for H1. Also, leaving the US while an application for extension or COS is pending constitutes abandonment. There are some circumstances where travel abroad during a pending application is permitted but they are rare and it is best to consult an attorney.

  27. Hi Saurabh,
    Thanks for all your good work that you are doing through this site.
    Here is my case :
    I am L1B right now and my company had applied for new H1B with COS. Once this H1B is approved , the COS is effective from 1-Oct-2012 at the earliest. Right ????
    Now If I want to quit my employer and do a H1 ransfer after 1-Oct-2012 I need to get show 3 paychecks (as per documents in other posting in redbus2us.com)
    1. What does paycheck mean? I get my check quarterly. Does 3 paycheck means I have to wait till 1.5 months?
    2. If no then does 3 paycheque means 3 months full salary detail. (3 monthes waiting).
    3. Or I can show the paycheques before Oct-2012 (Since I am with same employer)

    Could you please advise. Thanks in advance.

    Regards
    Subrata

    Reply
      • if you transfer before 1st Oct – you dont need to produce paychecks

        Do transfer and with reciept number you can starting with new employer.

        Reply
        • Vax,
          Thanks for your reply.
          I will not transfer before 1-Oct-12. In that case what will be case.
          Could you please respond questionwise if possible.

          Regards
          SD

          Reply
    • SD,
      When doing the transfer you need to show that you have been maintaining legal status in US i.e. regularly getting paid. This has to be for most recent 3 months. So if you apply for transfer in October that would mean 3 months of salary on L-1. If you apply in Nov, this means 1 month of H-1 salary (for Oct) and 2 months of L-1, and so forth.

      Reply
  28. Hello.,

    I am working for Comapny A and my COS got approved thru Company B, My question is
    last working day in sep is 29th., Shall I resign on 29th and stay on out of status for next 2 days (ie 30 and 31) or resign on 1st of Oct is fine???? Will these 2 cases will affect my GC process in future???

    and one more question:

    Hopefully my current employer will not give relieving letter to me.,
    Will this cause any impact on GC process???

    Looking forward for your reply

    Reply
    • Roopa,
      29th and 30th is the weekend. So it is ok if 28th is last working day at old firm, and Oct 1 is the first working day at the new one.

      BTW, September has only 30 days.

      Reply
  29. Hi Saurabh,

    I am on L2 EAD. My current EAD is expiring on 22nd Sep. And new EAD extansion which came is valid from 25th Sep. 23 is sunday. My quetion is , Can’t I work on 24th Sep (Monday ) ? pls guide.

    Thanks

    Reply
    • SG,
      It should be fine to work on that date. If you want to be really particular take a day off (but you may still get paid for the PTO unless you take an unpaid leave).

      Reply
  30. I have received L1 extension till Dec 2013. I am planing to go to India on a vacation in Jan 13. What are the chances for approval/rejection of stamping in mumbai

    Reply
  31. But can you tell what is the exact process to convert L1B to H1B.

    Also its been 2 years on L1B ,does that mean I can stay on US only for another 3 years so does it get reset when I convert to H1B.,

    Reply
  32. Hello Saurabh ,

    My Case :
    Arrived USA on L1B – March 2010
    Change of Status – L1B to H1b Oct -2011 ( Direct Employer )
    No US Degree , 2.5 yr US Experience.

    I booked my appointment for visa interview in Toronto. ( Sept 2012 )

    Will it be a real big issue if i don’t have a US / Canadian qualification ?
    I am working directly for the employer . Will this give me any advantages to overcome the education issues ?
    My attorney had done a Educational Analysis at the time of my H1B application to prove that my Graduation is equivalent to an US degree. Is that going to help ?

    Thanks

    Reply
    • L1b2h1b,
      It gives you advantage over people working in consulting positions in EC or EVC model. However, you may still run into issues and so its better to have contingency plans.

      Reply
  33. Hello Saurabh,

    I’m working on L1B (valid till Feb-2013) for Employer A and have applied H1B through Employer B with COS and it is still in ‘Initial Review’.

    Now there are two new events (E1 & E2) to occur in between. Please help me with your expertise.

    E1) My current Employer A has started processing my L1 Extenstion. What would be the implications on the H1B processing if

    1) H1B with COS approved prior to L1B extn is approved or
    2) H1B is approved after L1B extn approval
    3) Is it likely that my L1B extn is approved if my H1B with COS happens before L1B extn is applied/goes for approval.

    E2) I’m planning to travel to India during the first 2 weeks of September. I understand my COS gets abandoned (as my H1B is still in processing) due to this travel.

    4) What if my H1B gets approved during that 2 weeks when I’m in India? Will I be denied at the Port of entry since I will be coming back on my L1B?
    5) Any idea if my COS gets abandoned as soon as I go out of USA or after returning back.
    6) Will this travel relieve any constraints contributed by COS on my L2 Extn processing or add more constraints into it.
    7) I will leave my dependents whom I’ve applied COS along with mine at home country and they won’t join me back at least for next 6 months. Will this be fine as far as my H1B processing is concerned.

    Your inputs would be highly helpful and grateful! Thank you !

    Best Regards,
    Raj K

    Reply
    • Raj K,
      1. If L-1 gets approved after Oct 1, then you status would L-1 from that approval date
      2. You will be on H-1 from H-1 approval date
      3. It is possible. My suggestion would be to withdraw L-1 extension once H-1 gets approved
      4. No. You can still enter US on L-1.
      5. As soon as you leave US
      6. L-1 extension will still be processed but no new I-94 will be issued. You will have to rely on I-94 issued at PoE when returning to US
      7. It should be fine. They can return later on L-2 or H-4 depending upon what your status is that point of time.

      Reply
  34. Hi Saurabh,

    I am currently working with L1B and its validity is till July 2014. Also i got my H1B petition approved and the I797 says it is valid from Jan 11 to Jan 12. So my question here is
    1. Whether my L1 B is still active or not?
    2. I am planning to go on vacation to India in the last 2 weeks of Aug-12. Will there be any issue at port of entry while i am coming back?
    3. Shall i do my stamping done for H1 b while i am on vacation? (but the validity of L1B is 2 yrs more than the I797 validity)

    Please respond to me as soon as possible. Thanks in advance

    Reply
    • Meyy,
      1. It is. However, was your H-1 approved w/ COS? If yes, then you should have been on H-1 status and not L-1
      2. Depends upon answer to #1
      3. If you intend to return and work on H-1, then go for H-1 stamping. Otherwise my suggestion would be to avoid it.

      Reply
  35. Hello Sourabh,
    I am currently on L1B, which has expired on Mar 2012 and I am currently on I-94, which is valid until Dec 2014. My employer has already filed L to H conversion on June 11th, 2014 and is pending for approval. My wife has recently got her EAD (L2) and started working as a customer service rep. My questions are
    1. Must I go to India and get stamped for my new H1B status?
    2.Once my H1B is approved, will the EAD for my wife be automatically revoked or until when can she work ?
    3. Can we take any PG programmes while working on H1B (Compus/ or Online)? and how does the conversion to H1 to F1 works?

    Your answers will be very helpful.

    Thanks
    Shyam

    Reply
    • Shyam,
      1. If H-1 gets approved w/ COS, then there is no need to get H-1 stamped immediately. You can start working on H-1 from COS approval date.
      2. It will become void from your COS approval date. Did you file COS for your wife from L-2 to H-4?
      3. Yes, one can do part-time studies while working on H-1. You can also move to fulltime student status on F-1. Find a school, get I-20, file SEVIS fees and then apply for COS from H-1 to F-1. Your wife will have to move from H-4 to F-2 status.

      Reply
      • Thanks Sourabh.

        My H1B COS approved yestreday and USCIS mailed out the notice* today to my employer. But my employer has not filed the COS for my spouse yet and she has been working on L2 EAD, now that her EAD becomes void, is it from the date petition approved? or on the date the approval notice is received by my employer?

        Thanks in advance for your invaluable contribution.

        -Shyam

        Reply
        • Shyam,
          It is from the approval date. They should have filed for her COS in the first place. She has two options now – leave US and return on stamped H-4 visa; or file COS from L-2 to H-4. In either case, you need to start working on H-1 and start getting paid, and she needs to stop working.

          Reply
  36. Hi Saurabh,

    My Husband is Having L1 Visa It’s going to expire by coming Feb 2013.
    Right now i am in L2 I came to USA May 2012. This year june 11th H1B quota was over so we are unable to apply for H1B.

    * we are having I-94 December 2014. ( Visa is going to end feb 2013 shall we stay here upto I-94 period and try for H1B?)
    * My husband’s employer is not ready to extend L1.

    Please help us how to proceed?

    Regards,
    Deepa

    Reply
    • http://www.immihelp.com/forum/showthread.php/103465-L1b-visa-expired-i-94-valid

      Please see the above link.

      If your overall stay is not exceeding 5 years on L1B before your I94 expires you can continue to stay and work in US.

      -Shyam

      Reply
  37. Hi Saurabh,

    Just have few queries about my new H1B applied:-

    I am on L1B for Company A and applied for H1B through company B in consular process without Change of Status.I see that the application status is still in Initial review.My query is
    1)How long would it take for USCIS to approve/reject an application in case of RFE and my employer submits the documents related to RFE.Basically looking for grace period that USCIS takes to reply to my RFE?
    2)Seeing the current dates,i see that my application may take a little more longer to get approved,i am planning to apply for COS with Premium processing.But i am planning to wait on it till August last week to see the status.Should i be waiting for the petition approval to apply for COS or go ahead and do PP with COS now itself?Need your suggestion since there may be a chance for RFE too and it may take longer to get it cleared.If i have a RFE and my employer is providing the required documents to USCIS, can i then do premium processing along with COS so that i get a reply in 15 days.Is that possible?Or i should be waiting for the RFE to be cleared before applying for COS again.
    I have decided to start working on my H1B starting Oct 1st if i have it approved.Need your suggestion on when i can go for my PP COS.

    Reply
    • Dinkchak,
      1. They can take few weeks to 4-5 months to process the RFE response. They mention 60 days on their site, but it can take longer
      2. I don’t think you can change it to COS now. You can upgrade it to PP, but you cannot modify it from consular processing to COS while it is pending. Once the petition gets approved, you can file for COS which may take 2-3 months. I don’t think PP service is available when just filing for COS/

      Reply
  38. Hi Saurabh,

    My Husband is Having L1 Visa It’s going to expire by coming Feb 2013.
    Right now i am in L2 I came to USA May 2012. This year june 11th H1B quota was over so we are unable to apply for H1B.

    * we are having I-94 December 2014. ( Visa is going to end feb 2013 shall we stay here upto I-94 period and try for H1B?)
    * My husband’s employer is not ready to extend L1.

    Please help us how to proceed?

    Regards,
    Deepa

    Reply
    • Deepa,
      Your husband can continue to work on L-1 based on his I-94. You can apply for H-1 next year based on your and husband’s I-94.

      Reply
      • Hi Saurabh,

        Thanks for your reply.

        I have one more query to ask you.

        My husband’s company visa processing team has informed that Even though we have I-94 up to Dec 2014, (he came to india for vacation that time we got I-94 up to Dec 2014)
        because he came to India for Vacation so they will consider the previous I-94 ( that’s feb 2013) it seems.

        1) So, Can I get job and approach the employer to process the L1 or H1 for me?

        In case if the employer is agree to process L1 or H1 for me

        2) did my husband and my son has to go india for stamping?

        Please guide me………. waiting for your precious reply.

        Regards,
        Deepa

        Reply
        • Deepa,
          IMO, they would consider the latest I-94 and not the previous one. The old I-94 record got closed once you left US for vacation. It is no longer applicable. You can go for H-1 processing based on the new I-94.

          What stamping are you referring to for husband and son?

          Reply
  39. Hi,
    My company has filed my H1b case in April under Change of Status (approval has not yet come) but I have to leave the country soon as I am completing 5 years on L1B. Does leaving the country affect my H1b petition filed under COS? Will I be denied H1b ?

    Reply
    • Ved,
      H-1 would still be processed but COS would be abandoned. You will have to get H-1 visa stamped in your home country, and then returning to US on that stamped H-1.

      Reply
  40. Hi Sourabh,
    Does USCIS review the H1B petition sequentially or picks randomly.?Because i
    have seen few cases (under regular) in H1B tracker which is shows approval for May and June month. Thanks !!

    H1B guy

    Reply
    • H1B Guy,
      Usually it is sequentially but as the petitions are distributed in batches, it can be processed in out of order as well. Some of the petitions may have been filed under premium processing.

      Reply
  41. Hi Saurabh,

    I am on a 3 year L-1b that expires on Oct, 2013. My employer has agreed to renew my visa into H-1b on April, 2013 (I’m pushing them to file on April 1st itself, learning from the cap being reached early this year).

    1) Assuming they file it on April 1st itself, is there any uncertainty whatsoever of me still not getting H-1b? If yes, what could prevent me from getting H-1b? I just want to know about the worst-case scenario and prepare for it if possible.

    2) I usually hear about lottery, is it applicable only after cap is reached or before that as well?

    3) Is there any advantage for a L-1b holder as far as getting H-1b is concerned (some step being omitted etc)?

    Thanks always for maintaining this most amazing site!

    Best Regards.

    Reply
    • Abhishek,
      1. There is always an uncertainty as the H-1 petition can be denied. It could be denied b/c of reasons related to you, employer or the offered position.
      2. Let me cite an example. By April 10 USCIS has received 63k petition. On April 10 they receive an addition 5k petitions taking total to 68k. USCIS will then conduct lottery of these 5k petitions to randomly select 2k petitions so that accepted count is 65k. Previously accepted 63k petitions are not subject to cap.
      3. No advantage

      Reply
  42. Hi Saurabh,

    Thanks for your excellent answers and for providing very useful info.
    Pls could you help me with the following.

    I applied L1 to H1 with COS under normal processing for me alone. Still it’s pending. My family went for vacation and coming back to US in Aug on L2.

    1. Do I need to wait till my H1 approval to apply L2 to H4 status change for dependents or Can I amend my application and include them as soon as they are in US on L2. I am asking this question if I go on H1 or H1 approval from/after 01st Oct dependents L2 status no longer valid.
    2. I understand that if I want to continue on L1 after 01st Oct (assuming H1 will be approved before 01st Oct) I need to go out of country. Is it fine if I go alone to mexico and come back to US on L1 or do I need to go with dependents as well? Will there be any issue if dependents are in US on L2 while I am out of country on 01st Oct?

    Reply
    • Rama,
      1. I would suggest filing their COS and provide your petition number as reference. If your H-1 gets approved, then your status will become H-1 from Oct 1, and their L-2 will no longer be valid.
      2. If the dependents don’t file COS, then they can stay behind and you can travel back to US from MX to go back to L-1 status. If the dependents’ COS gets approved, then they need to travel along w/ you.

      Reply
      • Thanks Saurabh.

        More clarification on 1st question, while my H1 is under process can I amend my H1 application and include them for COS from L2 to H4?

        If suppose if I won’t apply COS now till I get the H1 approval and assuming my H1 gets approved after 01st Oct. Can I file COS immidiately as soon as I get approval? Becuase there may be a little delay between start of my work on H1 and submiting dependent COS from L2 to H4.

        Reply
        • Rama,
          I don’t think it can be amended while it is under process. Besides, L-2 to H-4 is a separate COS petition even when filed w/ original H-1 application.

          It should be ok to file COS soon after receiving the H-1 approval. But check w/ an attorney as well on this.

          Reply
  43. Hi Saurabh ,

    I have H1B Visa with my old comapny , and new approved Pentition from New Company , Now i am planing to visit India , Please let me know if i need to go for restamping while comming back to US or reenter US.

    FYI :
    My H1B Visa is valid till 30 Sep 2011
    My New Petion and I- 94 which came with petition is valid till 7- 2014.

    Ashutosh

    Reply
    • Ashutosh,
      No stamping is required if the old visa stamp is still valid. You can confirm this w/ your attorney as well.

      Reply
  44. Hi Saurabh,
    My organization has filled my L1B blanket extension on Jul 2 and I have got the reciept number for the same.
    – What is the maximum and minimum duration will it take to know the results?

    Thanks

    Reply
  45. Hello,

    Currently I am working for a company A on L1 and Company B has applied for COS and it got approved, my question is I am planning to resign Company A in august and to travel INdia for abt 1 month and come back in oct with H1 Stamp, Will this works??? is my H1 get affected by my travel to india before Oct??? please advise me

    Roopa

    Reply
    • Roopa,
      One can’t say any thing about visa stamping. If you have all the documents in place and can answer VO’s question properly to his/her satisfaction, then why would they deny you a visa?But, again there are always risk attached to it.
      One thing I want to clarify here. Visa interview very much depends on how one presents himself at that moment. Decent attire, answers to the point matters a lot when you are in front of the VO.
      All the best.

      Reply
  46. Saurav,
    I want to know whether I’ll be elegible for green card in EB1 category: Let me give you all my information:
    I have been with my current company(A) from AUG’2004.
    From 2005 to 2006 I played a role of manager but my designation was Senior Software Engineer(not a managerial designation).
    I first entered USA on L1B in 16-DEC-2006 from my company A.
    I went back to India again on 16-MAR-2007.
    I again came back to US on 02-JUL-2007 in same L1B.
    Last year(2011) I went back to India to convert my L1B to L1A in the month of OCT.
    Right now I am in L1A. It will expire on AUG’2014.
    My question:
    Is it possible to apply my GC in EB1(International Manager) category in L1A?

    Reply
  47. Hi Saurabh,

    I am in L1b visa in USA and it got expired on 28th June but since i am having I-94 till Nov 2014 i am still staying in USA.

    We have filed the L1B extension and first time we got RFE and now we responded to that and we are waiting for the final response from USCIS.

    Now i have below three quesion..

    1. Can USCIS again send for RFE??Does they can send max RFE once or they may send even3-4 times?

    2. If the L1B extension got rejected then can i again apply for fresh L1B extension or do i need to apply for a new L1B visa?

    3. Can i apply GC based on I-94.

    Thanks in advanc for reply.

    Reply
    • Aks,
      1. I have seen few cases where a subsequent RFE is sent. I haven’t seen any case where a 3rd RFE was sent
      2. You can re-apply while continuing to stay in US (as your I-94 is valid).
      3. I think so

      Also, confirm these w/ your attorney.

      Reply
  48. Hi,

    Currently i am working with Company A on L1 and Company B applied H1 with COS and its approved from October1st,2012.

    My question is :
    1. I want to go for vacation to India in August for 2 weeks and i came to know that my COS will be cancelled.

    Is this true? and please let me know any other impacts on my visa status due to this vacation.

    2. If i come back from vacation in August,should i apply for new COS ?
    if yes, how much it would cost for me for a new COS.

    Thanks for your help.

    Reply
    • Vasu,
      As H-1 is already approved w/ COS, it will not be canceled. You can travel to India, return prior to Oct 1 on L-1 and still be on H-1 from Oct 1.

      You can check this w/ your attorney as well.

      Reply
        • Vsu,
          If you return prior to Oct 1 on L-1, then no need to file COS to H-1. If you return after Oct 1 on L-1, then you need to file COS to H-1. You can also go for H-1 visa stamping and return on stamped H-1 visa (after Sep 20th).

          Reply
          • Hi Saurabh,

            “Saurabh July 23, 2012 at 1:01 pm
            Vsu,
            If you return prior to Oct 1 on L-1, then no need to file COS to H-1. If you return after Oct 1 on L-1, then you need to file COS to H-1. You can also go for H-1 visa stamping and return on stamped H-1 visa (after Sep 20th).”

            Based on the above quote, if I have to void my h1B COS which gets approved after OCT1 from a later date say OCT 25( as this year approvals are delayed). Can I still go out to India and come back to make the H1B void and Continue with the current L1 Visa.

            Looking for the possibility for my spouse to continue on L2 if her h1B is not approved and mine H1B is approved.

            Please suggest.

            P.s: I have L1 and wife on L2(EAD). Both’s H1B COS is in process and pending, expected after OCT1.

          • Ghost4u,
            You should travel outside of US prior to H-1 getting approved. So you both travel outside of US while petition is pending, and then return on L-1/2 visa stamp. This will abandon the COS. You can continue to work on L-1/2, while your H-1 will continue to get processed. It may get approved but COS will be abandoned.

          • THanks saurabh,

            with this if i come back on l1 cos will be abandoned…and h1 then gets approved after some time… can i reapply for COS with approved h1 petition and before expiry of l1(feb 2013) ?

          • Ghost4u,
            Yes, that can be done. Once H-1 gets approved, you can file for COS at a later date while L-1 is still valid.

  49. Hi Saurabh,

    May i leave current company(with L1visa) on 28th sept and join new company on 1-oct with H1b visa?

    I hope i will not be out of status for two days(weekend 29-sept(sat), 30-sept(sun)).
    please let me know if you see any issues with this so i can my last day with current company.
    I filed H1b as COS.

    Reply

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