Questions on L1B to H1B transfer

Asked about 1 year ago - Syracuse, NY

Hi,
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)

  1. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . Nothing. You need to consulate process your h1b

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Lynne Rogers Feldman

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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
    website: www.immigrateme.com

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

  3. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  4. Alexander M. Ivakhnenko

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more

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