L1 - H1 transfer options

[sarah_n78]

Hello,

I'm in the US on L1B (Blanket) visa. This is valid till April 2009.
Employer is planning to file an extension in Jan 2009.

This year (2008), I got my H1 filed from another employer and still it's not approved. I hope it gets approved before my L1 gets over.

My questions are:

1) Suppose my H1 is approved by Feb 2009 and my L1 employer filed for L1 extension in Jan 2009, will this effect my L1 extension process in any way ?

2) Suppose my H1 is approved by Feb 2009 and my L1 employer filed for L1 extension in Jan 2009, in the event my L1 extension is rejected by March 09, can I transfer my approved H1 to my L1 employer and start working on H1?

3) If 2 is "yes", suppose the if my H1 transfer process is pending till April 2009 (till the time my L1 is valid), do I have to leave the country or stay till my H1 COS and transfer is approved ?

4) Is it possible that H1 transfer is approved and COS is rejected or vice versa?

5) I think in my case COS has to be done since I'm on L1 and want to work on H1. Is it true ?

Please let me know. Thank you.

[txh1b]

1. Yes, if it was a COS, you will be on H1 and when L1 extension gets approved (if), you will fall back on L1b due to last action rule.

2. You could possibly. But once a H1b COS is approved, you can no longer work on L1. Read the tons of posts on the forum.
3. Go with premium processing due to competing petitions. Having parallel petitions is always a probelm.
4. Possible to happen if you were out of status.
5. Yes. Thyat is how your employer would have filed the H1b. Find out now as an approval of COS would void your L1 immediately unless you travelled after the H1b filing and entered with a new I-94.

[sarah_n78]

1. Yes, if it was a COS, you will be on H1 and when L1 extension gets approved (if), you will fall back on L1b due to last action rule.

Thanks, TxH1B.

The H1 employer filed H1 with COS from L1 to H1. To void the COS, I did leap frog and came back to the US in L1 with new I94. I'm working in L1 now.
Will your answer change due to leap frog.
Sorry for not mentioning this vital point.

[txh1b]

Provide all relevant info in the first post. It makes it easier for analysis rather than re-so it again. It is hard to remember specifics for a particular user even if you had mentioned it earlier on other posts.

1. No as you remain on L1 due to leapfrog.
2. You could transfer the H1b to L1 employer using premium processing prior to the L1 I-94 expiry. You can only work after the COS approval on H1b. You can remain in US when it is pending and once I-94 expires.
3. #2 answers.
4. Possible.
5. Yes. Go with premium.

[sarah_n78]

I'm really sorry !!!
Thank you for our quick response.

Suppose, H1 COS is rejected after L1 I94 expires, will I need to go out of the US immediately get the H1 stamped and come bakc to the US to work on H1?

Suppose my H1 transfer is rejected, can I be on L1 automatically ?

Can my case be converted back to L1 ?

In the entire process, what do you think is the risk involved ?

Should I wait for L1 extension to come through and then do a tansfer of H1 with COS ?

[txh1b]

With the given rate of L1 extension denials, the safest approach would be for your L1 company to file for a H1b transfer COS as soon as the H1b approval comes through using premium processing. The shift would be seamless if you want to continue to work for them.

If L1 extension gets denied and your I-94 has already expired, you have to leave the US immediately. To return on H1b to work for L1 employer, you would need an approved petition plus a H1b visa stamp.

[sarah_n78]

Thank you, TxH1B for your promot reply.

To transfer H1 do I need to have H1 petition docs ?
I have the receipt number - copy of I797C form.

I have seen that the receipt number belong to me as I have my name and employers name in it.

Can I trasfer my H1 to the L1 employer evenif I do not have all the petition docs ?
I'm sure the current H1 consultant will never give me the H1 petition docs.
They are crooks.

[txh1b]

What you have is good enough for the transfer provided the H1b was approved. USCIS wants to see proof of cap count which they can even if you give them a printout from case status online. That is it. Nothing more is needed from the ex-H1b sponsors.

[Rups1234]

L1A Extension after leap frog to avoid COS

I am on L1A through Company A. Company B filed COS for L1A to H1B transfer which was approved in Oct 08, but then I did leap frog [i.e. went to Canada in Dec 08 (almost 2 months later) and re-entered US to keep my L1A status active]. Now my L1A is due for extension in next few months. Will there be any issue in my L1A extension as I did leap from to void the COS?

[Atmaram23]

L1B to H1B transfer

I am on l1b visa right now with my current employer, which is going to expire on May 2012 but I have valid i-94 until Nov-2013 and my wife is on project through EAD
My new employer wants to apply my H1B on August 1st week.
My questions:
1. If my H1b get approved, can switch to the new employer before October? or Can I transfer the new H1 to my current employer once it's get approved to continue with the same project.
2. In the same way, My wife's employer is going to file H1B starting April, If she gets her H1B approved, what will be the status for her? Will she able to start working on H1B after the approvla or she needs to continue with EAD until October and apply a COS at that time.

[kabkaba]

Earliest H1 start date can be Oct 1 as you have not been counted against H1 cap before.

Your current employer can of course file H1 petition for you, but your status will not change before Oct 1.

[shervin143]

1. If my H1b get approved, can switch to the new employer before October? or Can I transfer the new H1 to my current employer once it's get approved to continue with the same project.
>>> You should continue with the L1 employer until the H1B effective date which will be on or after Oct 1st 2012. You can transfer the H1B before October 1st, but you will remain to be in L1 until the H1B becomes effective.

2. In the same way, My wife's employer is going to file H1B starting April, If she gets her H1B approved, what will be the status for her? Will she able to start working on H1B after the approvla or she needs to continue with EAD until October and apply a COS at that time.
>>> H1B can be filed as a COS. But the H1B effective date will be Oct 1st or later. Until then she will be in L2 status and can work in L2 EAD.

[Atmaram23]

Thanks shervin

I have one more additional question

Can we apply based on H1B based on our I-94 and other paper, because our visa is going to expire in May and my company is not ready to file extensions because of rejection?

[kabkaba]

Earliest start date is October 1 and if your I-94 does not extend up to October 1, your H1 can only be filed as consular processing. So you will have to leave the US as per your current I-94, obtain an H1 Visa from a Consulate/embassy and return in H1 status on or after Oct 1.
L1 Visa expiry does not matter, I-94 matters. When does your I-94 expire?

[Atmaram23]

Thanks kabkaba

Good to know that.

My I-94 is valid till May-2013.