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Immigration Issues/L1 To H1 transfer question

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Question
Hi, I am currently in US on H1B visa and am getting married in august. The company my fiancee works for applied for a L1 visa and her project will start in august. So she will enter US on L1 visa. I am planning to apply for L1 to H1 transfer in April 2009. Since the L1 visa is for 1 year, it will be expired in May 2009. My question is if my finacee's company does not file for L1 extension, can i apply for  in May 2009 and assuming the H1B gets approved, can she start working from October 2009. Should i file for any sort of amendment in this case. My second question is, if my fiancee's company applies for L1 extension, can she work using the H1B from October 2009. Should i file for any sort of amendment in this case? Thanks for any expert advice.

Answer
Raghuram,
I hope that I understood your question correctly.  According to your scenario, your wife will not be allowed to stay in the US from May 2009 to the effective date of the H-1B- Oct, 2009. Either she changes to H-4 during this period or leaves the country and reenters on H-1B.

Sincerely,

Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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