H-1B company transfer after expiry

Vijaybl

New Member
Hi

I work for Satyam, Bangalore, India. I came to USA on October' 2004 on H-1B Visa. My H-1B visa and I-94 was valid till 10th February' 2007(total period of my H1B visa is 2 years 6 months so far).
I have sent my I-94 extension documents to my company Visa cell and they came back to me and asked me to apply for L1B.
I applyed for H-1B to L-1B conversion through my company, then I got receipt number (EAC number) from USCIS.
I got a REF from USCIS for my 1 year experience in the foreign company, that REF due date is 26th April' 2007.
Unfortunatly I have only 9 months of experience in that company in India, it seems to apply for L-1B we need one full year of foreign experience in the same company.
My company is telling me that I am not eligible for L-1B, so they are asking me to leave on or before 19th April' 2007 to India, and once I leave USA they are going to withdraw my H-1B to L-1B conversion.
I have few question on my current situation.

1) Is there any risk on current situation for my profile; like if I go to the personal appreance to the US Councilate for my next stamping, do they ask me why I have stayed after my Visa expire, if they ask me what do I need to tell them?
2) Do I still have chances to apply for H-1B company transfer in USA, by moving out from my current company?
3) If I apply for new visa or company transfer, is there going to be any risk?
4) For Company transfer, do I need to go to India for stamping, or can I do it from Mexico/Canada?

Appreciate for response
 
You did your company not applying H1B extn. Something fissy here.

Yes, you are out of status from Feb 2007 once your L1 COS is denied.

However keep a copy of L1 petion and RFE always with you for your next interview with any US consulate.





Hi

I work for Satyam, Bangalore, India. I came to USA on October' 2004 on H-1B Visa. My H-1B visa and I-94 was valid till 10th February' 2007(total period of my H1B visa is 2 years 6 months so far).

I have sent my I-94 extension documents to my company Visa cell and they came back to me and asked me to apply for L1B.
I applyed for H-1B to L-1B conversion through my company, then I got receipt number (EAC number) from USCIS.
I got a REF from USCIS for my 1 year experience in the foreign company, that REF due date is 26th April' 2007.
Unfortunatly I have only 9 months of experience in that company in India, it seems to apply for L-1B we need one full year of foreign experience in the same company.
My company is telling me that I am not eligible for L-1B, so they are asking me to leave on or before 19th April' 2007 to India, and once I leave USA they are going to withdraw my H-1B to L-1B conversion.
I have few question on my current situation.

1) Is there any risk on current situation for my profile; like if I go to the personal appreance to the US Councilate for my next stamping, do they ask me why I have stayed after my Visa expire, if they ask me what do I need to tell them?
2) Do I still have chances to apply for H-1B company transfer in USA, by moving out from my current company?
3) If I apply for new visa or company transfer, is there going to be any risk?
4) For Company transfer, do I need to go to India for stamping, or can I do it from Mexico/Canada?

Appreciate for response
 
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