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I am in US with L1 B which is valid till March 2014. My I 94 is valid till Oct 2015.can I apply for H1 B during 2014 April CAP?

Jersey City, NJ |

These are my areas of concerns, any suggestions on this is highly useful
a) My employer said that since my I 94 is valid, I don’t need to apply for an extension. Is it ok to be working without a validity in Visa, but validity in I94 ?
b) Employer says that if I go out of US for a vacation after March 2014, then I need a new blanket to be filled to come back to US.
Is it not possible for an extension of L1 Visa instead of fresh blanket when I am in US?
c) Can I apply for H1 B under CAP on April 2014? My L1 B will be expired that time, but I 94 will be valid.
d) Also if I apply H1 and worst case it gets rejected. Will my I 94 goes invalid ? (my I 94 is valid till October 2015
Since I am here with my family, it is highly useful if I can plan this in advance.

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Attorney answers 3

Best Answer

Most important ... talk to the employer's immigration lawyer, not a manager, not a para-legal and NOT a person in HR.
a. The I-94 controls people inside the US. The visa is only important when a person is outside of the US and wants to enter the US
b. That is probably correct
c. Possibly, talk to the company's immigration attorney
d. Not necessarily. As long as you are fully obeying the L classification, they probably won't invalidate the I-94

I support your planning in advance and strongly suggest a personal meeting with an immigration attorney ..... sooner, rather than later.

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. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


I agree with counsel Capriotti

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


Can you? No. Can an employer? Yes.
a. I-94s control status in the US, not visa stamps.
b. Cannot be determined from your posting
c. See first sentence above.
d. No

Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

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.