L1 to H1 from same employer with I-797 B form.

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Phoenixpals

Registered Users (C)
Hi,
I am in L1B visa with my current employer. My L1B employer has applied for H1B and it got approved. I got the new I-797-B Approval form (valid starting Oct-1-2008) with out the I-94 or "Change of Status".

Can any one please answer the following questions and let me know as how to proceed.

1. Can I stay in US after Oct-1-2008 since my current L1B's I-94 is valid till 2009.

2. Can I get my H1B stamped in Canada or Mexico even though the Consulate mentioned in the I-797-B is New Delhi Consulate.

3. Though I am already in US for past two years in L1B, But I got I-797-B (with No Change of Status) instead of I-797-A (Change of Status). Will this affect the chance of getting my H1B stamped on my passport.?

4. Which is the right time to go for the H1B visa stamping. Since my current L1B employer is same as the H1B employer. So do I need to wait for 3 or 4 paystubs after October-1-2008 or Can I go for H1B visa stamping anytime after October-1-2008.

Your guidance is appreciated.!
Thank You.
 
Answers below:
1. Yes.
2. Not sure ... can someone add here?
3. No.
4. No specific limit ... since it is L-1 to H-1 transfer, you can go for stamping 10 days from the starting date, at the earliest. Yes please carry the latest pay stubs. Also you can delay your H-1B stamping (you will continue to hold L-1 then) and go for visa stamping as long as L-1 and new H-1 are valid. So, please plan accordingly.
 
Thanks for your reply.

Since my I797-B does not have the new I-94 card nor my "Change of Status" neither "Extension of Stay" is given. Staying beyond Oct-1-2008 does not make me "Out of Status" even though my current L1B is valid till 2009?

Also since my I797-B form says that it is valid starting from Oct-1-2008. Will my current L1B also be valid after the Oct-1-2008 though my L1B expiry date is only by 2009?

Thanks in Advance.
 
Will I be out of Status starting from Oct-1-2008. (My L1B and H1B employer both are same, also my COS or Extension of Stay is not approved since I got I-797 B) ?

Can someone please answer my queries.
 
No you will not be out of status from October 1, 2008 by not stamping the new visa. You will continue to be in L-1 working for the same employer.
 
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