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H1B to L1A Vis Convertion

San Diego, CA |

Recently I got promoted to Manager, Because of which my employer initiated converting my visa status from H1B to L1A.
As per my employer, My H1B visa cannot be extended (Even thought I served only one year in US with H1B visa) because of my designation.
Now my Employer submitted H1B to L1A visa conversion documents to USCIS under premium process a week back.
My I94 is going to expire within a week, on 20th May, 2013 (On which date My H1B Visa going to expiry). With H1B visa, I stayed (Worked) in United states only for 4 months.

Whether its legal to stay in United states even after my I94 expires, while I waiting for response for USCIS for my H1B to L1A visa application?

Attorney Answers 3

  1. Recommend that you speak with employer's attorney who applied for change of status from H1B to L1A.
    If you change of status application is approved, you will be deemed in status however, if the COS application is not, you will become out of status . Consulting employer's counsel and follow his advice.

    Madhu Kalra Kalra Law Firm 23720 Arlington Avenue, Ste 5 Torrance, Ca 90501 (310) 325-9012

  2. Do consult with your employer's Immigration Attorney.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 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.

  3. A timely filed application for change of status allows the person to remain in the US. You will, however, not be able to work until the change is approved.

    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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