View Full Version : Continue working in US during L1B to H 1B visa coversion?

01-11-2013, 05:21 PM
I am on L1B visa. My visa is already expired but my I-94 is valid until 25-May-2013. My L1B extn was filed in Dec-12 in Premium mode but I got a RFE. Our immigration dept is going to respond to RFE in next week so I should get to know about the extn by Jan-2013 end.
I am exploring my option what to do in case something goes wrong with my L1B extn. I have an approved I-140 in EB3-I Green card process. Will I be able to apply for H1B now? Can I stay in USA after my I-94 expiry until I get my new H1B visa?

Thank you in advance!

01-14-2013, 01:40 PM
There are 2 part to your question. Your stay in US possibly is now with company as your petition has expired. Also all REF has to be responded within a timeframe

First is your L1B extension. Big Offshoring Companies likes TCS,Infosys etc has its own, well defined Visa Process for REF responses. They takes a call based on RFE complexity , in general if its simple they will attempt to respond asap and get its closed (in general these results in approvals). Sometimes if RFE's are difficult/tricky they wont proceed to respond and ask the person to return to base branch and file a new visa later on.

For your second question regarding H1B convention from L1, primarily it depends when you held your last H1B status, its validaity and also I140 approval attached to the company.