How to determine Current Visa Status

[agupta1984]

I went through several blogs related to L1B to H1b through COS or by consular status - but its still not clear what factors determines application as COS or Consular process.

This year my H1B visa application from current employer got picked up in lottery and got approved in June'2013, which became effective from 1 Oct'2013 ( valid for 3 years ).

Now here is the situation my current Visa L1B got expired in July'2013 and same employer filled L1 extension as well for me and that also got approved in Sept'2013.
question 1) So as per last action rule my current status is L1 again ? or H1 B since its applicable from 1 Oct , i.e. date after L1 extension became effective ( July'2013)

Since the duration of L1B extension is only 6 month I want my status to be changed to H1B ?
Question 2) Change of status (COS) can be filled for this case ?

Questions 3) Also if I apply for GC now what status will be carried forward once Labour and I-140 gets approved?

[raghvi]

I went through several blogs related to L1B to H1b through COS or by consular status - but its still not clear what factors determines application as COS or Consular process.

This year my H1B visa application from current employer got picked up in lottery and got approved in June'2013, which became effective from 1 Oct'2013 ( valid for 3 years ).

Now here is the situation my current Visa L1B got expired in July'2013 and same employer filled L1 extension as well for me and that also got approved in Sept'2013.
question 1) So as per last action rule my current status is L1 again ? or H1 B since its applicable from 1 Oct , i.e. date after L1 extension became effective ( July'2013)

Since the duration of L1B extension is only 6 month I want my status to be changed to H1B ?
Question 2) Change of status (COS) can be filled for this case ?

Questions 3) Also if I apply for GC now what status will be carried forward once Labour and I-140 gets approved?

When was the L1 I-94 expiring (prior to extension approval)?

[agupta1984]

L1b i94 expired on july 7th 2013

When was the L1 I-94 expiring (prior to extension approval)?

[raghvi]

L1b i94 expired on july 7th 2013

In that case technically your L1 to H1 COS should either have got an RFE or H1 would have been approved as consular process.

Are you sure you got a new I-94 as part of the lower half of the H1 I1797?

This is my opinion not legal advice.

[agupta1984]

Yes I got new i94 with h1 (valid till 2016) and l1 ( valid only till march 2014)... its confusssing as in my case I don't know my current legal visa status ... becoz after march'14 ill be in trouble if my legal status expires with L1

In that case technically your L1 to H1 COS should either have got an RFE or H1 would have been approved as consular process.

Are you sure you got a new I-94 as part of the lower half of the H1 I1797?

This is my opinion not legal advice.

[raghvi]

Yes I got new i94 with h1 (valid till 2016) and l1 ( valid only till march 2014)... its confusssing as in my case I don't know my current legal visa status ... becoz after march'14 ill be in trouble if my legal status expires with L1

The way I look at it you would be on H1 as the last action was a COS to H1. L1 extension was extension from July onward and H1 COS was H1 status from 01-Oct-2013 onward. So you should be working only with H1 employer from 01-Oct-2013 onward. But I may be wrong.

The only guaranteed way to be on the status you want to be is to leave US, and return on the visa on which you want to be L1 or H1. But as you don't have a valid visa, you would have to attend visa interview in order to get the visa and I don't know if you are willing to take that chance. Or you can check with an independent attorney of yours to determine the options.

This is my opinion not legal advice.