L1 visa expired i94 valid till June 2016. H1 B application in March 2016

USA H1B Visa
1

Hi,

My husband is on L1B visa which got expired in sep2014. We are on I94 which is valid till June 2016. His employer is going to apply for H1b in March 2016. They are not going to apply for his L1 extension.

  1. If his name gets picked up in H1b then can we continue to stay in US after June?

  2. If employer applies for L1 extension in June end, can we continue to stay in June?

Regards,
Archana

2

  1. No

  2. As long as employer applies for L-1 extension prior to current I-94 expiration date, you can continue to stay in US.

IMO, the employer should apply for L-1 extension as USCIS may ask for proof of status b/w Jun 2016 and Oct 2016. If the employer is unable to provide this proof (i.e. L-1 extension approval), then may still approve H-1 petition but w/ consular processing (i.e. leave US, get H-1 visa stamped and then return to work on H-1).