L-to-H conversion in Premium

[viswanaths]

Hi everyone,
I have a few questions regarding the process of L-to-H conversion.

My Max-Out date has come out to be 20 MAY 2016 and my company will be processing the L-to-H conversion for me.
I have a few questions regarding my stay now.

1. Am I eligible for applying for Premium processing at the first place?
2. If my case is processed in Premium this time, by when does the results come in? It says 15 days from the day of receipt of the application. But what about the lottery in this case? Would lottery rules not apply for Premium processing applications?
3. In case my result doesn't come in before my Max-Out date ends, would I be allowed to stay in the US until my result is out?
4. If I leave the country when my Max-Out ends (or before that) and the results are not out by then, would the processing of my case be stopped?

Thank you!
Viswa

- - - Updated - - -

My L1B visa and corresponding I-94 are valid until 2017.

[shervin143]

1. Am I eligible for applying for Premium processing at the first place?
>>> Why not. Premium processing is for anyone who is willing to pay the extra fee.

2. If my case is processed in Premium this time, by when does the results come in? It says 15 days from the day of receipt of the application. But what about the lottery in this case? Would lottery rules not apply for Premium processing applications?
>>> Your petition will get approved in 15 days. But the effective date of the petition can only be on or after Oct 1st 2016 when the H1B is filed under a brand new CAP. You have to leave the country after your L1 status expires and then re-enter back on H1B visa aftre Oct 1st.

3. In case my result doesn't come in before my Max-Out date ends, would I be allowed to stay in the US until my result is out?
>>> Nope. Even if the result comes, early, you cannot stay since the effective date of the new H1B can be only after September.

4. If I leave the country when my Max-Out ends (or before that) and the results are not out by then, would the processing of my case be stopped?
>>> Nope. Your employer will need to file your H1B for consular process. Since your L1 status expires in May, the H1B approval won't come with a new I-94. To work in H1B status, you need to get the H1B visa stamped and re-enter using that visa and H1B petition.

[viswanaths]

Thank you!

Thank you shervin143 for the advise!
This is very helpful.

[viswanaths]

Quick question

Does L-to-H conversion come under lottery rules?
Would lottery rules not apply for Premium processing applications?

[viswanaths]

Consular Process

Another question popped up in my head - Why does my company needs to file the conversion as Counsular Process?
My L1B visa and corresponding I-94 are valid until 2017. Would that not help?

[raghvi]

Another question popped up in my head - Why does my company needs to file the conversion as Counsular Process?
My L1B visa and corresponding I-94 are valid until 2017. Would that not help?

All Cap subject H1 have to go through lottery (if there is a lottery).

When you say max out date May 2016, doe sit mean on 20-May-2016 you would have spent 5 Full Years in US on L1B? If yes then, even if you have a visa and I-94 beyond that date, you should not stay beyond the max 5 Years allowed on L1B.


The reason why your company would process it as Consular Process is because you are maxing out (5 Years max allowed on L1B) in May 2016 , whereas H1, if selected, can start only from Oct 2016. You cannot stay and work between May 2016 till Oct 2016.


This is my opinion not legal advice.

[viswanaths]

Thank you!

Thank you raghvi for the clarifications!