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  1. #1
    Join Date
    May 2009
    Posts
    1

    Default L1 to H1/H4 Transfer - L1 Visa/I-94 Expired

    Hi,

    I am working for company A in US on L1B in WA. My company applied for my L1 extension ( L1A conversion from L1B) in October 08 and i am yet to receive the status from USCIS on extension.My visa and I-94 expired on Dec 8th 08.

    I have valid approved H1(consular processing, not COS) in 2007 october through a company B. I have not worked on this H1 which is valid for 3 yrs. My H1 has no I-94 attached.

    1.Can company A apply for COS from L1 to H1? They say i have to go to India for transer and stamping?

    2.If a company C offers me employment can they do the transfer from L1 to H1 without company B in between or paystubs from B? Do i need to go for stamping in this case? If so can i go to Mexico/Canda or India?

    3.My husband is working on H1. In case of denial can i immediately apply for H4? Or as the 180 day period ends in first week of jun, should i start my L1 to H4 transfer immediately without waiting for my L1? Will i get I-94 when i convert to H4 or do i need to go to stamping in this case too?

    Has anyone had similar situation? You response and help would be highly appreciated and help me in planning my actions in case extension does not get through.

    Thanks
    Lakshmi

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: L1 to H1/H4 Transfer - L1 Visa/I-94 Expired

    I personally would splurge on premium processing for the L1 extension, get that issue resolved within 14 days, and stop having to worry about whether I'll cross 180 days waiting for approval of the extension and then be denied. What's the current status of your application?

    Beyond that, your situation has enough twists that I suggest consulting an immigration lawyer.

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