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Immigration Issues/Need clarification on L1 to H1 transfer


I need your help in clarifying a situation about my brother's visa status in USA. I would really appreciate your help in the matter.

My brother had L1 Blanket visa with company A in US (L1 visa expiration date was Jul2006) with I94 valid till 2008.

His H1 was applied with another company B in Apr2007. I797A for H1 with company B came with
approval / notice date of 30Jul, 2007, and the I94 attached has the validity from Nov1, 2007 to Oct 31, 2010.

In between, he travelled to India from 26Jun2007 to 26Aug2007, and got his L1 re-stamped on 08Aug2008
with validity till May2008. He re-entered US on 10Sep2007 on L1 Blanket visa with current I94 valid till May2008.

He wants to know what will be his status after Nov1, 2007?

As per "last in action" rule, the last action is L1 re-stamping on 08, Aug2007. So his visa status
should be L1 from now till visa / I94 expiration date (May2008). Please let me know if it is
not the case, or it will change after Nov1, 2007?
If L1 will not be valid after Nov1, 2007, I want to know what are his options to continue on L1 after Nov1, 2007?  

Since the effective date of the H1 is Nov 1, 2007, he will be in H status.  According to the latest memo the last action would be the effective date of the H is Nov not January.  If he wanted to continue on L1 after Nov, his employer should withdraw his H1 now or he should leave the country before November 1 and come back after November 1 on his l1 visa.
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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