L1B to H1 Transfer

[lookforprashant]

Hi,

I am working in US on L1B thorugh my company(A). My wife and kid is with me in US on L1B. One of our clients want to hire me by applying H1B. In current economic times I am worried about its approval and have few questions. It will be a great help if somebody can answer them.

1) Are there two ways of doing it? 1) Apply only H1B petition & 2) Apply H1B petition with COS?

2) If my client went the first way and apply H1B without COS, do I need to go back to India and stamp my and my family VISA?

3) If this petition got denied is my L1 still valid? Can I continue to work in US with company A?

4)If my client applied the other way H1B with COS do I need to go for stamping?

5) If H1B COS fails, will my L1 be still valid or it will loose the status I will have to leave the country?

6) Which way is better?

7) While applying in any way (only H1B or H1b with COS) do my client need to file petition only for me or my family too?

8) In the whole process how my wife and kids status will get changed from L2 to H4?

Thanks,
Prashant

[shervin143]

1) Are there two ways of doing it? 1) Apply only H1B petition & 2) Apply H1B petition with COS?
>>> Yes. COS comes with a new I-94 and your status will change to H1B upon approval and you can no longer continue to work for the L1 employer when the COS gets approved. Without the COS, even afterthe H1B approval, your status will be L1 and you can continue to work for the L1 employer. Whenever you decide to work for the H1B employer, you will need to get it stamped and re-enter in H1B.

2) If my client went the first way and apply H1B without COS, do I need to go back to India and stamp my and my family VISA?
>>> Yes.

3) If this petition got denied is my L1 still valid? Can I continue to work in US with company A?
>>> L1 will still be valid and you can continue with your L1 employer.

4)If my client applied the other way H1B with COS do I need to go for stamping?
>>> No.

5) If H1B COS fails, will my L1 be still valid or it will loose the status I will have to leave the country?
>>> L1 will still be valid.

6) Which way is better?
>>> You decide.

7) While applying in any way (only H1B or H1b with COS) do my client need to file petition only for me or my family too?
>>> They can file only for you. But it is advisable to file for the whole family. So all of you will get converted to the correct status when the approval comes. When you are in H1B, they cannot be in L2. They will go out of status.

8) In the whole process how my wife and kids status will get changed from L2 to H4?
>>> See above answer. The company will need to file their H4 along with your H1B. Or you will need to file form I-539 immediately after filing your H1B (With the receipt number)

[lookforprashant]

thanks

Thank you very much. I also confirmed this with an immegration attorny.