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Posted on 17 Oct 2011
Q.

Is it legal to stay and work with an expired Visa and valid I797

Hi,

I am on L1B Visa. My visa is expiring on October 30th, 2011. I have I797 valid until October 2012 and I-94 stamped until June 2013.

1. Can I legally stay and work in USA after my Visa expires?
2. My company is planning to process Change of Status to H1. When should they apply for change of status. Should it be before October 30th? In the present scenario, they informed me that they can apply for COS only 6 months before my I797 expires. Is that correct?
3. How long can I work in USA without getting my COS done. Is it until I797 end date which is October 2012?


Thanks

User's Location: Austin, Texas, United States of America
Category: General Immigration
Posted on 17 Oct 2011
A.
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David Rubman
Immigration Lawyer
Rubman & Compernolle
(312) 341-1907

www.rubmanlaw.com

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