Need to apply H1B extension(Old H1B visa approved by 2007) - Currently in US with L1B Visa

[Muhilan]

Hi,

I'm currently working in Company A with valid L1B Visa which expire Feb 2013.

I have previously stamped H1B visa (Valid Oct 2007 to Mar 2009-Never Used) in same Company A but never worked with H1B.

My Questions:

1.Can I apply H1B extension in same Company A (L to H conversion) based on my previously approved I-797.

2. If above answer is YES then Can I apply H1B extn USA itself or Out of USA?.

3. Can I apply H1B extension with another Company B based on my old I797?.

Please clarify. Thanks for your help.

[pontevecchio]

hOW LONG HAVE YOU BEEN IN l1 STATUS?

[Muhilan]

I've been 2.8 years which expire Feb 2013(L1).

Please validate and assist me.

[pontevecchio]

You are entitled to 3.2 years in H1 status provided you find a sponsor to file and get your H1 petition approved.

[Muhilan]

hOW LONG HAVE YOU BEEN IN l1 STATUS?

I've been 2.8 years which expire Feb 2013(L1).

[Muhilan]

You are entitled to 3.2 years in H1 status provided you find a sponsor to file and get your H1 petition approved.

Thanks for the update.

Can I file H1b extension in USA itself or Do I have to move out of USA and file?. Because my current visa is L1b so few advise received as I have to move out of USA and file H1B Extension.

[pontevecchio]

You cannot file a H1 petition. Only your potential H1 employer can file. If the H1 employer files with COS you will have to stop working for the L1 employer on that date. If getting a H1 visa is not your problem you can have the H1 sponsor file without COS and then on approval finish your L1 notice and leave and come back with a H1 visa.

[Muhilan]

You cannot file a H1 petition. Only your potential H1 employer can file. If the H1 employer files with COS you will have to stop working for the L1 employer on that date. If getting a H1 visa is not your problem you can have the H1 sponsor file without COS and then on approval finish your L1 notice and leave and come back with a H1 visa.

Is it possible my H1 Employer can file H1 extension in USA itself? or Do I have to move out of USA and get stamping?. Pls confirm.

[pontevecchio]

It is up to the employer. Do you not have a notice period for the L1 employer?

[Muhilan]

It is up to the employer. Do you not have a notice period for the L1 employer?

My L1 visa expiring soon so I'm requesting my current (same) employer to file H1 extension. But I didn't get any confirmation so verifying with you. (Your brief knowledge is helping us to choose on right way).

[pontevecchio]

The answer is yes to all three of your original questions in the original post.

[Muhilan]

Thanks a Lot.

[Muhilan]

The answer is yes to all three of your original questions in the original post.

pontevecchio, I received H1 approval. Thanks for assistance.

[pontevecchio]

Good for you. Thank you for letting us know. Best of luck.