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H1 transfer while L1 extension in process

Herndon, VA |

My L1 visa ( and I-94) expired on 8/1/2013 and extension was filed on 7/10/2013 and is still in initial review.
I believe i can legally stay and work till uscis takes decision on my extension petition.
I am trying to find job with approved H1b petition (unused, got it 3 years ago).
Can new employer file for L1-H1 COS under cap exempt if my I-94 has already expired and i am awaiting result of my L1 extension?

Attorney Answers 3

  1. Best answer

    Yes you are cap exempt since you were counted once. In order for the H-1B COS petition to be approved, your L-1 extension must be approved first.

    Law Office of Brian H. Lee, San Jose, California, 408.246.6710 This is general information, not legal advice. This does not establish any attorney client relationship.

  2. Yes, that could be done . Ask to be explained the process by new EMPLOYER'S immigration lawyer.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  3. Yes, but the change of status will only be approved if the extension is first approved.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through

    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.

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