L1B to H1B change of status with expired visa and valid I-94

USA H1B Visa
1

Hi ,

I’m planning to change from L1B to H1B.My current L1B expires in July-2014 and I-94 in Aug-2014 (which was my Passport expiry date).This is my first H1B visa.

Now having renewed my passport I’m planning to go India this month hoping to get more I-94 as i spent only 3 years with my current L1B visa.

Questions:

1.Chances of I-94 as i hope?

2.If I get I-94 more than October-2014,can i apply H1b with change of status only with valid I-94 so that I need not go to India again to join new employer?

3.If i get I-94 only till visa date in July-2014,can i apply H1b COS with L1 visa extension petition pending status only (not approved or denied).

Looking for valuable guidance.

VJ

2

Somebody please reply.thanks.

3

  1. Port of entry officer’s discretion. Usually they give it for 3 years, but it is up to them. If they give for a shorter duration, you can go to near by CBP office and ask for reconsideration/correction

  2. Yes, COS can be applied

  3. You can apply for COS, but USCIS may issue RFE asking for proof of L-1 extnesion in this case.