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L1 to H4 to H1b
Hello!
I'm currently in the USA and my L1 visa/I94 will expire on 17-Aug-2011. My wife also works in the USA and has an H1B of her own. I have secured employment with a compnay that is also willing to apply a new H1B this year.
Questions:
1. Can I apply for a L1 to H1B change of status? What happens on 17 Aug when my L1 runs out? Even if my H1B is approved, can I stay in the US until 1 Oct when the H1B kicks in?
2. If the above doesn't work, I'm planning to get a H4 first and then have my sponsor apply for a H4 to H1B change of status. Can I proceed with H1B CoS after getting the H4 receipt notice or do I have to wait for the H4 Approval notice before filing a change of status to H1B?
Many Thanks
Rajiv
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Re: L1 to H4 to H1b
If you are granted COS to a H1B visa, you will go into H1B status on the effective validity date printed on your H1B approval notice. Presumably you're anticipating an October 1, 2011 start date?
If you overstay your L1 before your COS is approved and it's subsequently denied, depending upon how much time is involved that could create an overstay issue. But if you leave the U.S. with a pending COS it will be deemed abandoned. If you travel after approval you'll need to get your H1B stamped. Staying in the U.S. pending approval of the COS or after approval shouldn't be an issue.
As they say, "the devil is in the details," so you may want to see if your H1B employer will allow you to discuss your situation in more detail with its immigration lawyer.