H1 transfer while L1 extension in process

Asked about 1 year ago - 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. Brian Haksoon Lee

    Contributor Level 12
    Best Answer
    chosen by asker

    Answered . 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.... more
  2. Giacomo Jacques Behar


    Contributor Level 20


    Lawyer agrees

    Answered . 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... more
  3. J Charles Ferrari

    Contributor Level 20

    Answered . 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 http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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