Is a change of status possible if current visa expires before H1 start date?

Question: My L1 expires on September 28, 2013. I have a pending H1B with a start date of October 1. What are the chances that case will be considered as change of status since there is a three-day gap between my L1 expiry and the H1 start date?

Answer: So, present visa will end two days before the H1 start date. I would recommend converting the H1 to premium processing, talking to the CIS premium processing unit and requesting that a Change of Status be granted since it is only a gap of two days. If the CIS refuses, then you will have to leave the country, get the H1 stamped and re-enter.

 

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