You are here:

Immigration Issues/L1 to H1 - Visa Stamp Timing Issue

Advertisement


Question
QUESTION: Hello - I have a couple of quick questions on transitioning from an L1 to H1B visa. Currently, I am on an L1 visa, which will is valid until 3/10/2018. The admit date on current I-94 is 5/9/2017.

Due to my personal situation, I cannot travel outside the US before October 1. My questions are:
a) Is it necessary to get the H1B stamped and re-enter US before October 1? or

b) Can I get H1 stamped at a later date (after Oct 1) and enter US. I am assuming I will still be in L1 status between Oct 1 and the time I exit US.

Any insights would be much appreciated.

Thanks,

ANSWER: Hi,

If the H1B approval notice states that you have been granted change of status effective October 01, you will automatically be in H1B status on that date and should plan on being on the H1B employer's payroll on October 01 or shortly thereafter.

An H1B visa "stamp" in your passport is required only if you depart the U.S. If you do not travel, a visa stamp is not applicable.

---------- FOLLOW-UP ----------

QUESTION: Thank you for the prompt response. My H1B was filed as a new consular application and not a COS. I am re-pasting my question in the light of this new info.

Currently, I am on an L1 visa, which will is valid until 3/10/2018. The admit date on current I-94 is 5/9/2017.

Due to my personal situation, I cannot travel outside the US before October 1. My questions are:
a) Is it necessary to get the H1B stamped and re-enter US before October 1? or

b) Can I get H1 stamped at a later date (after Oct 1) and enter US. I am assuming I will still be in L1 status between Oct 1 and the time I exit US.

Answer
You will continue to remain in L1 status until I-94 expiration date of 5/9/2017.

If you want to to be in H1B status, you must depart the U.S., obtain an H1B visa "stamp" at a U.S. Consulate (the Consulate will then likely cancel your existing L1 visa stamp), and upon entry to the U.S. you will be in H1B status. You can enter the U.S. anytime up to 10 days prior to October 01, or anytime until the H1B visa expiration date. The H1B visa expiration date will normally match the expiration date stated on the H1B approval notice.

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.