QUESTION
Can a L1B visa be transferred to H1B? how long does the process take
Asked on Oct 29th, 2015 on Immigration - Missouri
More details to this question:
Hi, i arrived to the US on a L1B visa in dec 2013. i was laid off before the contract ended on 10/27/15 and was informed i have 30 days to leave the country. 1) i need to know how much time do i legally have to exit the country and if there is an option for me to change my L1 visa to something else. 2) i also have a B1 visa which valid till 2018 can i just exit the country to mexico and return on my B1 3) my wife is currently working and has a valid EAD till Feb 2016,how long can she work and is there a possibility for her visa to get converted to H1B. any help would be appreciated, one month is a very short time to wrap up our life and move. we want to make sure to do things legally and not sure what would be the best way. thanks
1 ANSWER
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An employer can seek to hire you and for that request a nonimmigrant worker petition on your behalf - USCIS form I 129 and ancillary forms. You do not have any grace period on L visa unless the employer extended your employment for 30 days to give you time to leave, kept you on the payroll and paid your wages during this time. H1B for the most part, with some exemptions, is subject to CAP which means that a new H1B petition can only be filed comes April 1 and not a day before. You are not allowed to stay in the USA a day pass the employment ended day on L.
Answered on Oct 29th, 2015 at 12:34 PM