Legality of Stay related question- H1B

[kanaparr]

Hi

Currently I am working on a L1 VISA which is valid till 25 Sept 2013. I will still have 11 months of duration available to complete the 5 years ofL1 cap, after 25th Sept 2013. However, I am not sure if my employer will file for an L1 extension for the available 11 months duration. On the other hand, I am planning to apply for H1B during April 2013 and I have few concerns for the same.

Case 1

If I apply the H1B with a premium process and if I get an approval notice prior to my L1 expiry date, Can I stay here in US between 25th September 2013 and my actual H1B begining date (example 1st Oct 2013). I understand I can not work during this period, but my concern is about the legality of stay for the transistion duraiton.

Case2:

If I apply the H1B with a premium process and if I get an approval notice prior to my L1 expiry date, but if the actual H1B start date is beyond October 2013, am I legal to stay in US till the start date.

Will greatly appriciate your response.

[pontevecchio]

You do realize you can only get 11 months in H1 status if you go ahead.

[nineballs]

You do realize you can only get 11 months in H1 status if you go ahead.

Rather 11 months + 1 year (As the H1B is for 6 years VS 5 years in L1).

[kanaparr]

Thank you for your response. Yes, I understand I will get 1 year 11 months of duration for H1. Can you shed an advise about my conern on 1 week stay/gap between Sept 25th and Oct 1st. Appriciate your help.

[pontevecchio]

Absolutely not. Your first H1 can only be applied for in April,2013 with a start date of October,1 and hence you do not get the extra one year. To delink the H1 and L1 periods you need to have left for one year and then have a H1 sponsor file a cap subject H1 after that.

[pontevecchio]

Actually you would seem to be eligible for 11 months plus one year. Best of luck.

[kanaparr]

Hello again. I just came to know that H1B VISA holders can be admitted in to US 10 days prior to their actual start date in their petition. However, I do not know if this is true and if yes, then it is strictly applicable for individuals who are coming from outside US or is it applicable to individuals who are already staying in US. Any idea?

[nineballs]

New H1B holders can be admitted 10 days before Oct 1st, if their Visa start date is 10 days before. and, in your case, Since your current I94 will expire on Sep 25th and the new status can only start on Oct 1st, makes the situation a lil complex.

I really don't know whether USCIS will approve the COS, Since the COS can only happen on Oct 1st and you won't be in a valid status after Sep 25th. They may approve H1B petition with consular processing.

I really think you need an attorney here. He should be able to answer this complex question.

[JoeF]

Hello again. I just came to know that H1B VISA holders can be admitted in to US 10 days prior to their actual start date in their petition. However, I do not know if this is true and if yes, then it is strictly applicable for individuals who are coming from outside US or is it applicable to individuals who are already staying in US. Any idea?

People who have an H1 visa can be admitted up to 10 days before the start of the H1. But they can not work during that time.

This has nothing to do with people already in the US.

[pontevecchio]

H1 visa, admission implies somebody coming from outside? Why not directly state why you are concerned about the 10 days?

[kanaparr]

Hi pontevecchio

I am concerned about the 5 days duration between Sept 25 to Oct 1st, bcoz my I95 will get expired by Sept25th. I am just trying to understand what are the options I have to transfer to H1B next year with out going out of the country.

Now the point mentioned by 'nineballs' makes me think twice ("....I really don't know whether USCIS will approve the COS, Since the COS can only happen on Oct 1st and you won't be in a valid status after Sep 25th. They may approve H1B petition with consular processing....")