L1B to H1B COS under CAP

[Ashish Goenka]

Hi,

My L1B Visa(with current employer) is expired and my I94 end date is 22-Feb-14.
However I got H1B(applied under CAP, new I94 received) approved from other employer and will be active from 1-Oct-13.

My current employer will be filing L1B extension but in case it gets rejected is it possible for my employer to get H1B transfer(COS) as for now? I wish to continue with my current employer for time being.

Regards,

[RMH1]

L1B to H1B COS under CAP

H1B is effective only from Oct 1st with new employer. You should use leap flog if you want to continue in L1B. If l1B extn is not approved before OCt 1st you will be converted to H1B by default.

[Ashish Goenka]

Thanks for the response,
Can I still continue with my current employer in any scenario? As in get H1B petitioned(transfer)?

[kabkaba]

Instead of L1B extension, ask your employer to file a H1B petition. The petition will be exempt from annual cap, but it can only start from Oct 1. Ask them to file this ASAP if possible in premium processing so that decision can be obtained before Oct 1.

[Ashish Goenka]

I asked my employer's immigration lawyer, he says even if my L1B extension gets denied I can be here till existing I94 end date i.e., till 22-Feb'14.
Does it matter what my dealings are with another employer(who did H1B)?

[RMH1]

L1B to H1B COS under CAP

Yes. You can stay in US even if your extension is rejected till i-94 date without your H1B approved. As your H1 approved and effective from Oct 1st you should work with new employer from Oct1st. Otherwise you will be out of status. Your company attorney doesn't know about your H1 so his suggestions may not be aligned with rules.