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L1B visa expired and applied fo extension ,documents required to apply H1 COS??

Austin, TX |

I am in USA holding L1 visa which got expired in july 2010 and I have applied for extesnion with company A, now my questions are below:

1) Can company B apply for H1B visa under premium in september without geting L1 approval ? as H1B will be active only from OCT1 .if so , while applying is it enough to provide my receipt number of extension and current pay stubs as legal immigration status.

2) Before OCT 1 , if i get my L1 approval after my H1 will it be like this ?where my L1 will come into effect from july as it got expired in july and H1 will be effective from OCT 1? so now from OCT 1 will i be on H1 status?

3) What will happen if i get L1 approval after OCT 1 when i start working for company B on H1B ? Will it be invalid as I am no longer with company A?

Attorney Answers 1


  1. 1) Can company B apply for H1B visa under premium in september without geting L1 approval ? YES. as H1B will be active only from OCT1 .if so , while applying is it enough to provide my receipt number of extension and current pay stubs as legal immigration status. WHETHER YOU CAN CHANGE STATUS DEPENDS ON WHETHER YOUR L1 IS APPROVED OR NOT. IF IT IS DENIED THEN YOU WOULD HAVE TO LEAVE THE USA O GET A STAMP IN YOUR PASSPORT

    2) Before OCT 1 , if i get my L1 approval after my H1 will it be like this ?where my L1 will come into effect from july as it got expired in july and H1 will be effective from OCT 1? so now from OCT 1 will i be on H1 status? WELL, DID YOU LAWYER APPLY FOR A CHANGE OF STATUS. IF THE L1 IS APPROVED THEN YOU ARE GOOD TO GO, IF NOT YOU HAVE TO CONSULAR PROCESS

    3) What will happen if i get L1 approval after OCT 1 when i start working for company B on H1B ? Will it be invalid as I am no longer with company A? BELIEVE ME YOU WILL NOT. THE TWO ARE TIED TOGETHER AT THE HIP MEANING YOU. YOU WILL BE ASKED FOR PROOF THAT YOU ARE IN STATUS I.E. THAT THE H1 HAS BEEN APPROVED BERFORE THE L1 CAN BE APPROVED. TOM

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