L1B to H1

Old Aug 25th 2003, 3:12 am
  #1  
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kmkawale is an unknown quantity at this point
Default L1B to H1

Hi ,
i have a question!
i have L1B visa presently.It has already expired in the month of april of 2003.But my I-94 is valid till 2005.
Now when i ask my employer to go for H1 he says that H1 or L1 extension can be applied only when the 1-94 is about to expire(before 3 months of expiry).Is that true??
I need extension as i am planning to go to my country of birth and visa from here will help me in avoiding visa problems at my country.Otherwise i fear i wud stuck in my country bcoz of the recent visa delays.
any help on this matter wud be highly appreciated
Thanks
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Old Aug 25th 2003, 4:45 pm
  #2  
Ingo Pakleppa - See Web Site For Email
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Default Re: L1B to H1

On Mon, 25 Aug 2003 15:12:30 +0000, kmkawale wrote:


    > Hi ,
    >
    > i have a question!
    >
    > i have L1B visa presently.It has already expired in the month of april
    > of 2003.But my I-94 is valid till 2005.
    >
    > Now when i ask my employer to go for H1 he says that H1 or L1 extension
    > can be applied only when the 1-94 is about to expire(before 3 months of
    > expiry).Is that true??

For an EXTENSION, that would be true (actually, it's six months before
expiry). If you want to change from L-1B to H-1B, though, that can be done
at any time.

    > I need extension as i am planning to go to my country of birth and visa
    > from here will help me in avoiding visa problems at my country.Otherwise
    > i fear i wud stuck in my country bcoz of the recent visa delays.

Applying for an extesion of your L-1B status will do nothing to get you a
new visa! In order to get a new visa at this point, your best bet is to
try and send your passport to Department of State in St. Louis (see my FAQ
page for a link with the details). You need to do that within one year of
the visa expiring, that is, before April 2004.

Do be aware that if you are indeed subject to the security background
checks, chances are that St. Louis would also return your passport without
a visa.

Ingo

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