L1 to H1

[meeram]

Hello,

I am now working in L1b visa. My visa expires in Sep last week of 2010. I have a few questions regarding applying H1 now.

1. I heard that H1 2009-2010 is still open. Can i apply H1 now in 2009 quota with my current employer and change the status from L1 to H1. If so, will i know the H1 visa status before my L1 expiration date in Sep?
2. If i apply H1 in 2010-2011 quota and if my H1 gets approved, will i be able to continue working in US till i get the H1 approved in Oct? As my L1 expires in last week of Sep, there is a gap of one week between my L1 expiry and new H1 approval date in Oct. Is it legal to continue working?

Thanks in advance for youe response.

[sk4ih]

1. Yes. You'd be eligible to work from Oct 1st.
2. 1 week gap is okay.

[meeram]

more questions

Thanks for the response. I have more questions.

My wife has L2 visa and now she is working in EAD. Her employer has agreed to file H1 for her before June 2010 end. Her EAD expires in Aug 2nd week. If she gets her H1, she will be allowed to work only from Oct 1st in H1. Again there is a gap for her from Aug mid to Oct. Is it legal for her to work in that Gap?

[shervin143]

No. She can work only from Oct 1st on H1B. Ask her to take a vacation during the period where she doesn't have the authorization to work (or) alternatively, file for the EAD extension.

[meeram]

In my case, as my employer is applying H1, I think my emploter will not be applying L1 extension also for me. In this case, will i be able to extend my wife's EAD with out a L1 extension petition till Oct 1st.

[shervin143]

Not possible. Taking a vacation is the only option in that case.