L1 to H1

[ram_kumar]

I am working with employer X on L1 visa. My petition is valid until March 2007. Recently I applied for H1-B(in the month of May 2006) visa through employer Y. My current employer is forcing me to return to India. Since my H1-B has been applied, would it be valid status for me to remain in US on the ground that my H1-B will be valid from October 1, 2006. I am fearing that my current employer may revoke my L1 visa.

[veena_swsh]

Not a good idea! If you remain on L1 status and without a pay, then you will have do a lot of explanations to get you h1B stamped at some point of time later when you have the need for the visa. Besides, you will have to wait and see if your approval comes through with the change of status. Best option would be to get the H1B visa stamped.

[ram_kumar]

L1 to H1 - is it legal

Thanks for such a quick response. In the first place is it legal to stay on the ground that H1-B has been applied. Thanks in advance.

[Nishant]

No. You cannot stay even if H visa is approved when start date is Oct 1 and there is no other visa to keep you in status.