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Questions on L1B to H1B transfer

Syracuse, NY |

I am currently on L1B visa which expires on 21st Sep 2013. My Current employer has also filled H1B visa which starts from 1st Oct 2013. I have H1B petition approved in hand.

Before H1B petition approval, USCIS raised RFE for my 9 days gap status(21st to 1st Oct). Since my company is not willing to extend my L1B visa to fulfill 9 days gap, my H1B is converted to consular processing than COS. They have decided to go me back before 21st Sep 2013.

I want to transfer my H1B and remain in USA until H1B start date (1st Oct). Now my question is what should I do to fill 9 days gap so that I won't be out of status. Do I need to go back to India after 21st Sep because of H1B converted to consular processing?

Attorney Answers 4


It is going to be impossible to fill the gap; just resign yourself to consular processing. You can take a quick trip home -- see family and friends --and return up to ten days before the H-1B commences. Unless yo have prior visa denials or a shaky H-1B company this shoudl be routine. Talk with your H attorney to make sure you are preapred for the interview at that consulate.

Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law

2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277

Former Adjunct Professor -- Immigration law
University of Illinois College of Law

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Nothing. You need to consulate process your h1b

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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.

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You must obtain an H-1B visa aboard. There are no other solutions.

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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Personally, I have noted a troubling recurrent pattern as follows: an overwhelming number of foreign nationals seeking H1B are placing a barrage of very complex questions attempting to complete that elaborate process groping around in the dark, when the very first thing they need to do is retain one competent immigration visa attorney to avoid mistakes, omissions, delays and denials.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602

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