L1B to H1B COS

[Charliez]

Hi,

I am currently in L1B visa with Company A and my i94 and visa is going to expire by August 2015.

Company B has submitted a COS for my L1 to H1 this year.

since I may have to return to my country in this August due to the expiry of i94; does the COS still going to work?
If it doesn't work; will it get processed as a normal H1B application (were I can get stamped from consulate in my country)?

If My Company A submit an extension request for L1B, and that doesn't get approved until October, does the COS still applicable?


Thank You,
Charlie Z

[raghvi]

Hi,

I am currently in L1B visa with Company A and my i94 and visa is going to expire by August 2015.

Company B has submitted a COS for my L1 to H1 this year.

since I may have to return to my country in this August due to the expiry of i94; does the COS still going to work?
If it doesn't work; will it get processed as a normal H1B application (were I can get stamped from consulate in my country)?

If My Company A submit an extension request for L1B, and that doesn't get approved until October, does the COS still applicable?


Thank You,
Charlie Z

Technically even if H1 petition gets approved your COS should not be approved, as you are not considered in status on 30-Sep-2015 to allow for a valid Change of Status on 01-Oct-2015. But sometimes it does happen that USCIS would erroneously approve your COS. But in order to keep your slate clean you can leave US by August 2015, go for H1 stamping with B's petition and return on H1 and work with B.

This is my opinion not legal advice.

[Charliez]

Technically even if H1 petition gets approved your COS should not be approved, as you are not considered in status on 30-Sep-2015 to allow for a valid Change of Status on 01-Oct-2015. But sometimes it does happen that USCIS would erroneously approve your COS. But in order to keep your slate clean you can leave US by August 2015, go for H1 stamping with B's petition and return on H1 and work with B.

This is my opinion not legal advice.

Thanks Raghvi! I really appreciate your quick response!

One more question on this is : If my current employer decides to apply for extension of L1B now; and I am still in US during the period of extension request until September 30 to get the confirmation on extension, does the COS work?

Thank you
Charles

[raghvi]

Thanks Raghvi! I really appreciate your quick response!

One more question on this is : If my current employer decides to apply for extension of L1B now; and I am still in US during the period of extension request until September 30 to get the confirmation on extension, does the COS work?

Thank you
Charles

No. Application of extension is not same as approval of extension, merely applying for extension allows you to stay and work but doesnt validate your stay unless eventually approved..

This is my opinion not legal advice.