Out of status Issue ..L1 to H1B Conversion

iamfromnycnj

New Member
Hi ,

My question is regarding the "out of status" issue raised in L1 to H1B Conversion. Please read on.

I Came to US from India thru MNC on 1 Year L1 Blanket Visa in Jan 2004

In June 2004, I approached a consultant and applied for H1B Conversion.

1 Week after my H1B conversion has filed, I changed my mind and applied for my L1 Extension. I mean to say that my H1B Conversion petitiona and L1B Extension petition are submitted to USCIS with in a gap of 1 week.

My H1B Conversion approved with I-94 (6th NOV 2004 - 25th SEPT 2007). It means, Am I in H1B status from 6th NOV 2004?

After my H1B approved, I didn't switch to H1B. Instead I continued working on L1 only.

My L1 Extension Receipt date is 15th NOV 2004 and My L1 Extension is approved with I-94 (4 th DEC 2004 - 1st DEC 2006).

Which period the USCIS considers as "Out of status"? Is it between (6th NOV 2004 to 15th NOV 2004) OR (6th NOV 2004 to 4th DEC 2004)?

Had I worked on L1 status being on H1B status from 6th NOV 2004 to 15th NOV 2004?


I Went to India in December 2004.
It means, I already went out of country after the "out of status" period.

I got my H1B Visa stamped freshly from Chennai in June 2005 and came to US in July 2005.


Now, Iam applying for H1B extension.

Since, I already went out of US after my "out of status" period and entered with a fresh H1B Stamp, Do you still think that USCIS might deny my H1B Extension?


OR

USCIS might approve my H1B Extension but won't issue I-94?

I really appreciate your advice.

Thanks,
-From NYC
 
Up to what date your first I 94 (L1) was valid.? Is it Jan 2005?
If it is up to Jan 2005 or 31st Dec 2004 you are not at all out of stautus with your different processing with USCIS.


iamfromnycnj said:
Hi ,

My question is regarding the "out of status" issue raised in L1 to H1B Conversion. Please read on.

I Came to US from India thru MNC on 1 Year L1 Blanket Visa in Jan 2004

In June 2004, I approached a consultant and applied for H1B Conversion.

1 Week after my H1B conversion has filed, I changed my mind and applied for my L1 Extension. I mean to say that my H1B Conversion petitiona and L1B Extension petition are submitted to USCIS with in a gap of 1 week.

My H1B Conversion approved with I-94 (6th NOV 2004 - 25th SEPT 2007). It means, Am I in H1B status from 6th NOV 2004?

After my H1B approved, I didn't switch to H1B. Instead I continued working on L1 only.

My L1 Extension Receipt date is 15th NOV 2004 and My L1 Extension is approved with I-94 (4 th DEC 2004 - 1st DEC 2006).

Which period the USCIS considers as "Out of status"? Is it between (6th NOV 2004 to 15th NOV 2004) OR (6th NOV 2004 to 4th DEC 2004)?

Had I worked on L1 status being on H1B status from 6th NOV 2004 to 15th NOV 2004?


I Went to India in December 2004.
It means, I already went out of country after the "out of status" period.

I got my H1B Visa stamped freshly from Chennai in June 2005 and came to US in July 2005.


Now, Iam applying for H1B extension.

Since, I already went out of US after my "out of status" period and entered with a fresh H1B Stamp, Do you still think that USCIS might deny my H1B Extension?


OR

USCIS might approve my H1B Extension but won't issue I-94?

I really appreciate your advice.

Thanks,
-From NYC
 
Hi Sir,

My first L1 I-94 is valid from 5th Dec 2003 to 4th Dec 2004.

In my initial post I mentioned that I went to India in Dec 2004. That is not true. I went to India in Jan 2005.


Please advice.

Thanks,
-From NYC
 
Since you filed your L1 extn before expiry of your L1 (I 94) you are not at all out of status.

iamfromnycnj said:
Hi Sir,

My first L1 I-94 is valid from 5th Dec 2003 to 4th Dec 2004.

In my initial post I mentioned that I went to India in Dec 2004. That is not true. I went to India in Jan 2005.


Please advice.

Thanks,
-From NYC
 
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