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L1 h1 visa validity -

Waukegan, IL |

I am currently on l1b and My sponsor applying for H1b , around September I will come to know the status, my l1/i94 is valid till jan 2014, can I wait till September to apply for my l1 extension with the current employer or can I apply parallely ?

Suggest me the best way ?

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Attorney answers 3

Posted

Seek premium processing towards your H-1B petition

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

Posted

If the idea is to change status to H1B, you should wait to see if it is approved.

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.

Asker

Posted

if i could not wait for h1b status and if my current employer pushes for l1 extension( since i cannot tell about h1b filing to my current employer) and apply? What will happen ? will there be any issue for h1b approval process or just want to know what will happen when both are in progress?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

A nonimmigrant can hold multiple visa stamps in his or her passport and use those in accordance with the purpose of a particular trip. A nonimmigrant can only be in one status at the time. A nonimmigrant 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. Traveling outside of the country while COS application is pending, renders the COS application abandoned. 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.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

I would appreciate a helpful vote, thank you.

Asker

Posted

When COS will be done? After H1B approved or while joining the company? Please Confirm my understanding... i should not travel during the October period, if i need to travel i should travel while H1b application is in process.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

No. If you file two applications, one for L extension and one for H change of status and your H is approved first and the extension last, and the H was sought as COS as opposed to consulate processing, the extension of L approval will cancel out the H COS approval and you will have to consulate process H if you still need it.

Posted

If you H-1B petition is approved, you have no reason to apply for an L-1 extension. If your H-1B is denied, then you can apply for an L-1 extension.

Please click the link below for additional information.

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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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