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Applying for H1B on April but going for L1B extension interview on July, planning to use L1/H4 based on visa interview .

Bloomington, IL |

I am currently holding L1B ( Visa/I94 valid till july 30'2013) with employer A, and I am planning to apply for COS from L1B to H1B on april 1' 2013 through employer B, but also I am planning to go for L1B extension interview to canada on June-July 2013.

Additional info: My wife holds H1B visa (valid till 2015)

My questions are:
1. If my L1B extension is approved on June-July 2013, then what will be my status on october 1st 2013? I will be H1B or in L1 ?

2. If my L1B extesnion is rejected and If I come to US as H4, then what will be my status on October 1' 2013 ? I will be on H1B or H4 ?

3. Is there any option to maintain my status (thro' L1 or H4) on Aug 1 ' 2013 - Sep 30' 2013 without going out US?

Please advice me and your response is much appreciated.

Attorney Answers 3


  1. For USCIS to change your status, you must be in valid status on September 30th. Otherwise, you need to apply for an H-1B visa stamp abroad.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. A noncitizen can hold multiple visa stamps in his or her passport and use those in accordance with the purpose of a particular trip. A noncitizen can only be in one status at the time.

    A noncitizen cannot change status unless the status from which the change is sought is valid on the day when the change of status application is filed.

    The last action rule applies unless additional H1B employment is claimed instead of change of status. This is why it is always dangerous to file multiple petitions at the same time.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. You may have one one status at a time.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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