My L1B expires on sep 21 and my employer has applied for H1B. I had been in the country for 5 years so no more extensions possible. If I get my H1B approved, is there an option to stay in the country for those 10 days (sep 21 - oct 1)?
No, You will need to go home and obtain an H-1B visa stamp and reenter the US with that stamp in order to be in H-1B status. Additionally, you can only get one year of H-1B status, as your five years in L-1B count against the six years maximum on H-1B.
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.
You will need to make travel plans for that time - however, you can enter on the H-1b ten days prior to the Oct 1 start date, so that may impact how you decide to plan your trip timing. But you cannot change status due to the gap.
You will also want to have a careful listing of all your time in and out of the country while you were on the L visa, so as to capture as much time as possible for the H-1b, which, as noted, will be limited to six years - the time on L status will count against it.
You should also be discussing with an immigration attorney any additional long term plans as soon as possible.
No, but as Ms White said you should base your plans on the start date
Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 [email protected] Enjoy our Blog at http://immigrate2usa.blogspot.com/
NO. Even if it is a one day gap, you should leave and reenter. There is no grace period. You could do a change of status to some other visa for those 10 days to stay on legally, but there are filing fees for every application and for just 10 days stay....
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