L1A to H1B conversion

[krishnajaya]

Hi,

I Am currently in US on L1A with employer A. My L1A and I-94 also expired on Jan 2015. My employer applied for L1A extension before it got expired

Meanwhile I applied for H1 with employer B and it has been approved. My L1A extension got approved too. To my dilemma, L1A extension approval notice date and my H1B approval notice dates are same.

My current L1A is valid till Jan 2017. H1B is valid till May 2018. I-94 number is same in L1A extension approval notice and H1B approval notice.

I have the following questions,

1. Is it mandatory for me join Employer B, effective Oct 1st?
2. Can i continue to stay with my current employer on L1A which will allow my wife to work till i move to a Employer B?
3. Should I go back to India to get the H1B stamped and come back to US on H1B? or can I join Employer B on H1B from Oct 1 without having to go back to India?

Thanks

[shervin143]

1. Is it mandatory for me join Employer B, effective Oct 1st?
>>> Yes. Your status will change from L1 to H1B on Oct 1st. Your cannot work for your L1 employer when you are in H1B status. Your wife's status should also change from L2 to H4 post Oct 1st, or she will go out of status on L2.

2. Can i continue to stay with my current employer on L1A which will allow my wife to work till i move to a Employer B?
>>> If you want to continue with Employer A, then you will have to leave the country and return back in L1 visa post Oct 1st. That will put you back in L1 status and you can continue to work for the L1 employer. If not, your status will change to H1B on Oct 1st.

3. Should I go back to India to get the H1B stamped and come back to US on H1B? or can I join Employer B on H1B from Oct 1 without having to go back to India?
>>> Not required, since your H1B got approved as a COS (with new I-94). If you leave U.S and if you want to return back in H1B status, you will need to get the H1B visa stamped. You can (you actually should) join employer B on Oct 1st.