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L1B visa exp Oct 2011 but I94 is till Oct 2012.Applied for L1 to H1B change of status,can i stay US after oct,if COS in review?

Overland Park, KS |

I94 is till Oct 29,2012. My change of status applciation is in review and no decision has been given yet. If i do not get any decision by Oct 29 do i have to go back to india. I know i cannot leave US when my application is under processing.

Attorney Answers 2

Posted

Yes.

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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3 comments

Asker

Posted

Thank you Charles for the very quick response. I am sorry i asked 2 conflicting questions, so not sure your answer "YES"is for which one. Can i stay or should i leave ? Appreciate your help and your time.

J Charles Ferrari

J Charles Ferrari

Posted

L1B visa exp Oct 2011 but I94 is till Oct 2012.Applied for L1 to H1B change of status,can i stay US after oct,if COS in review?

Asker

Posted

Wonderful. Thanks a lot.

Posted

Stay while COS is pending? YES

Work after Oct 2012, and before H decision ... NO.

You are looking at an unpaid vacation in the US.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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