L1 to H1 transfer

[dkv]

Hi all,


I work for company A, and I have L1 visa. Now that I applied for H1 from different employer.

I was selected in the lottery for H1.

now company A is forcing to extend my L1 visa, what are the implications I will face. Will my company A comes to know that I have applied for H1. In case If I do not go for Visa, will my H1 petition is valid for next year, can I continue working on L1 till next year. or my status automatically changes to H1. Pls let me know ur comments.

[txh1b]

I am currently on X (L1) status and have applied for a change of status (COS) to H-1B this year. Can I continue on X (L1) status after the H-1B approval?


Status changes are handled by USCIS. You cannot choose which status you want to be maintaining. If the H-1B was applied as a change of status (COS) and it is approved, you are not in X status any more. If X is L1, you cannot and should not work on L1 beyond the H-1B start date. There is no grace period. If you work after COS effective date on your previous status, it is unauthorized employment and will cause problems later on.

Your L1 employer can apply for an L1 extension, but your effective COS according to last action rule is H1b unless the L1 petition is approved after Oct 1st or if you travel and re-enter after oct 1st again on L1.

[dkv]

thanks

thanks for the reply.

is there any chance that I can apply for H1B status change extension before I use L1 completely so that I can utilise the L1 and then move on H1.

[txh1b]

You can apply for COS before your current status ends. In fact, it has to be done that way itself to avoid out of status problems. But once approved, you cannot continue on L1 anymore.

L1+H1 = 6 years. What is the point in using L1 completely. You would have that unused L1 time available for H1 anyway.