QUESTION
L1B & I-94 expires on Nov 25 2012, can I stay beyond that as H1B conversion petition is filed on June 6th 2012?
Asked on Oct 08th, 2012 on Immigration - Michigan
More details to this question:
My L1B and I-94 expires on Nov 25 2012. My L1 to H1B conversion petition has been filed on June 6th 2012 for which I'm still waiting on to hear from USCIS or my current employer. Would you please guide me if I can stay beyond Nov 25th 2012 based on current petition being filed? If not, can I-94 extension requires to be applied for staying beyond Nov 25th 2012 with this situation?
4 ANSWERS
Yes, as long as the new application was filed while you were in valid status, you can remain in the US until the new petition is adjudicated.
Answered on Oct 17th, 2012 at 1:17 PM
Intellectual Property Attorney serving Menlo Park, CA
at
Sheppard Mullin
Update Your Profile
You can stay after I-94 expired if you filed a bona fide change of status or extension of stat application before that.
Answered on Oct 11th, 2012 at 3:35 PM
Rebecca T White
From what you have described you can remain in the US while the change of status to H-1b is pending, but you should speak to the attorney who filed the H-1b.
Answered on Oct 11th, 2012 at 1:33 AM
It is taking Immigration longer this year to process H-1 petitions. Hopefully, your case will be approved by November 25 There is no L-1 to H-1 conversion. If you are now an L-1, your employer probably filed a new H-1 for you. And you are subject to the 6 years H-1/L-1 limit. You should discuss your situation (if you can) with the attorney who filed your H-1 case since he or she should know the details of your situation.
Answered on Oct 10th, 2012 at 2:08 PM