How to avoid L1-B to H1-B COS

[pta20052011]

One of my friend has a situation where she is working for a company A here in US under L1-B Visa and she applied for H1-B Visa through another company B last year, the H1-B is currently in RFE state. The H1-B was applied with a change of status. My friend now does not want to get converted to H1-B and want to remain in L1-B for at least sometime now in case of the approval of H1-B. She thought going to India and coming back with new I-94 would let her remain in L1-B, even after the COS gets approved and she did that two months back and got new I-94 on her return with her L1-B Visa.


The question is will this be enough for her to remain in L1-B visa or still she has to change her employer once the H1-B visa gets approved?

[raghvi]

One of my friend has a situation where she is working for a company A here in US under L1-B Visa and she applied for H1-B Visa through another company B last year, the H1-B is currently in RFE state. The H1-B was applied with a change of status. My friend now does not want to get converted to H1-B and want to remain in L1-B for at least sometime now in case of the approval of H1-B. She thought going to India and coming back with new I-94 would let her remain in L1-B, even after the COS gets approved and she did that two months back and got new I-94 on her return with her L1-B Visa.


The question is will this be enough for her to remain in L1-B visa or still she has to change her employer once the H1-B visa gets approved?

This should typically be enough.

This is my opinion not legal advice.