Immigration Issues/L1 and H1B visa

Advertisement


Question
I am in US on L1B and my visa and I-94 got expired on June 7, company applied for L1B extension on June 5, 2012. Same company applied for H1B on May 4 2012, Both visa are filed normally (No premium processing for both visa).
Let say my H1B get approves and L1B status under decision, can I fly to my home country and come back on H1B without issue. The time of leaving to my native country does not have L1B approved because of which my stay is considered as illegal. If yes, how to resolve the issue.

Answer
Hi,

You are able to remain legally in the U.S. due to the L1B extension filed prior to I-94 expiration. You should continue to be employed by the L1B employer until either the H1B petition, or L1B extension is approved.

Assuming that the H1B petition filed by your employer requests change of status, and further assuming that you are subject to the H1B visa cap, the H1B approval notice will have an employment start date of Oct. 01, 2012. At that time you will automatically be in H1B status, even though the L1B extension will probably have been approved prior to Oct. 01.

You can always depart the U.S. and enter the U.S. on an unexpired visa stamp (either H1B or L1B), as per your preference to work for either the H1B or L1B employer, depending upon which visa stamp you enter the U.S.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.