L1 expired , I - 94 extension filed. Can a new employer file H1?

[srkmus]

Hello All,

I am new to this forum. My L1 has expired on oct 20,2011 and my company A has filed I-94 extension prior to expiration date. Another company B wants to file my H1 now. Can the new employer file my H1 now? or should i go back to my home country to get H1? Kindly guide me on the process involved. Your help is highly appreciated.

Thanks

[Attorney_21]

Srkmus:

This is a complex situation and you are strongly advised consult an immigration attorney with these questions.

Because your I-94 has expired, you need for your L-1 extension to be APPROVED to maintain valid status, even if another employer files an H1B change-of-status for you now. In other words, the filing of an H1B does not protect your lawful status if the L-1 extension is ultimately denied - you will still need to leave the country if that happens because you will have a "gap" in status. Only an approval of the L-1 extension will permit a change of status to H1B (without leaving the United States)

Also, remember that time spent in L status counts towards the 6-year H1B limit - you don't mention how much of your H/L time that you have already used.

[srkmus]

Thanks for your quick response, sir! I entered US during Jul-2009 in L1 visa. This is my first visit to US.