L1 to H1 visa

[adinar]

Hi,

I am an employee of Infosys , India and on deputation and working in chicago . I have L1B(Individual) Visa and it is going to expire on Sep 20, 2008.

I was selected for H1B(with different employer not Infosys) this year and my petition was approved in Jun, 2008. I can start working on H1B form Oct 1, 2008.

As my L1B is getting expired on Sep 20, 2008, I am planning to apply for extension of L1B in July first week. My H1B employer is saying that if my L1B extension is approved, then my H1B petition will be cancelled. Is this true??

What I am thinking is apply for L1B extension and once I get the L1B extension, in Dec 2008 I want search for jobs and if I get a job I will shift to H1B visa.(sothat If I get job in Dec or Jan or feb I wont be jobless till that time(till then I will be working on L1B for Infosys)).

My H1B employer asking me to go to India and get my H1B stamped and asking me to comeback to USA on H1B(In this scenario I have to comeback with my own flight tickets and I dont know how long will it take to get job after coming to USA , I dont want to be in a jobless situation, it is looking risky for me)

Please suggest me , shall I apply for L1B extension and shift to H1B in Dec 2008 or Jan 2008?

If my company doesnt apply for my L1B extension, I have to go to India in August2008. After going to India my company(Infosys) will(might) apply for fresh L1B visa in 3 to 6 months, in this case shall I come to USA on L1B(Probably in Jan 2008) and once i came here I will search for the jobs and once I get a job I want to shift to H1B.

My H1B employer is saying that if i come on L1B visa my H1B will become invalid . Is this true???

Please kindly suggest me how to proceed further in the above two scenarios.

Appriciate your help.

[txh1b]

Couple of things that you need to be aware of in your situation.

Was your H1b applied as a COS and approved with an attached I-94? I doubt it as you have a gap in your status and USCIS may not have approved a COS.

If this is the case, your status automatically changes to H1b as of October 1st. Exception would be if a L1 extension petition was filed before your L1 I-94 expires, then you can continue on L1. But, that voids the COS after the L1 gets approved. This does not restrict your ability to get back on H1b later on with that employer. Look up last action rule on the forum.

To get back on H1b again, your employer needs to file for an amendment after your L1 is approved. You can only work for the H1b employer after the amendment gets approved. Once approved, it is illegal to work for L1 employer.

You need to spend some time on the forum, go through couple of posts and educate yourself about the whole process for you to make the right choices.

[adinar]

L1 To H1 Visa - Status Change

Thank you very much for prompt reply.

My employer is saying that my H1B was filed as Consular notification only but my H1B petition got approved and came along with I-94 (valid from Oct 1st 2008 to 2011).

I am not trusting my employer on how he filed my H1B but he is saying that my H1B petition got approved and I-94 came along with petition.

My L1B Visa(I-94 as well) is getting expired on Sep 20 2008, is it legal to give H1B I-94 from Oct 1 2008???


how do i proceed in this case since there is a gap of 10 days [ sep 21 2008 to sep 30 2008].

[DMX17]

How did USCIS approve this case with a COS? There is a gap and they should not have missed it if they did.

Your employer (he) might be misguiding you.

[DMX17]

My employer is saying that my H1B was filed as Consular notification only but my H1B petition got approved and came along with I-94 (valid from Oct 1st 2008 to 2011).

How in the world is this possible?

USCIS cannot take action that was not reuqested, I wouldn't think.

[txh1b]

I would doubt this employer until I see a copy of the I-94 and I797 approval. There is little possibility for approval if at all USCIS thought a 10 day GAP was fine but getting the approval even without requesting a COS is out of question.

[adinar]

urgent reply needed

thank you for the info.
i have seen the i-94. it seems he has applied it as COS only.
now my concern is whether i can stay on L1B status or not . I have committments in my present company and i want to shift in dec'08 only to H1b status.
will my H1B valid till then . do i need to get my visa stamped before i start working or can i simply shift to H1B
thanks in advance.

[txh1b]

Everything in my post #2 still holds good. Search for leapfrog on the forum to see how you can avoid the COS.

[adinar]

pl reply urgent

Thank you verymuch for your prompt reply.
i have gone through the forum to avoid COS . but i am having a doubt as my case is different from the ones that are answered ( My I-94 expires in sep'08 Unlike others who have valid I-94 )

let me give you my details once again for ready reference .

My H1B petition got approved on May 29(I-94 is valid from Oct 1 2008) with COS. My L1b Visa(I-94) is expiring on Sep 20, 2008. Now I am applying for L1B extension. If my L1B extention is approved and new I-94 is issued, can I continue to work on L1B? In this case will that cause my H1b I-94 to get void? or do i need to go back to india and enter USA after oct'o8 to get L1 status?

[txh1b]

The last effective date of action is important in your case. If you apply for the L1 extension now and it gets approved now say by September 10th, the H1b approval will still over ride it as the date of action to change status is Oct 1st which falls after Sept 10th.

Similarly, if your L1 gets approved after Oct 1st, you could still be on L1 status.

[SAM123]

L1 extension and transfer to H1

Me too in a similar boat.
1.My L1B expires on 15Dec2008.
2.H1 status is yet to be approved.

Can I
A.) Apply for an extension, using L1A
B.) Post extension, can I later on convert to H1?

Regards,
Sam

[sherali42]

L1 To H1 Visa - Status Change

I am also facing similar issue.

My L1-B Visa got expired on May 15'10. But my I-94 is valid till Feb'2011. I have applied for extension. Got RFE. I have responded to the query. Waiting for the decision.
I have valid H1-B also with another employer but without I-94. My employer says amendment has to be applied to get I-94 in which case my L1 will be void.

Can I still apply for I-94 amendment and change the status to H1B?

One more question, lets say my L1B visa gets rejected, will I get to stay based on my I-94 validity?

Early response would be much appreciated.

Thanks
Sher

[shervin143]

Check your original post for the response. Don't create duplicate posts?

I am also facing similar issue.

My L1-B Visa got expired on May 15'10. But my I-94 is valid till Feb'2011. I have applied for extension. Got RFE. I have responded to the query. Waiting for the decision.
I have valid H1-B also with another employer but without I-94. My employer says amendment has to be applied to get I-94 in which case my L1 will be void.

Can I still apply for I-94 amendment and change the status to H1B?

One more question, lets say my L1B visa gets rejected, will I get to stay based on my I-94 validity?

Early response would be much appreciated.

Thanks
Sher