L1 to H1B Transfer

[kkarthi002]

Hi,

I'm currently in L1 Visa. One of the consultancy applied for my H1B Change of status from L1 on Nov 5, 2010. I return to India on Jan 10th 2011. My H1B is in process still. I heard from my consultant that if i go back to India then my petition will be invalid.
If I quit the company and stay in US but not working for anyone. Is it legal to just stay here as my Visa is pending?

[shervin143]

I'm currently in L1 Visa. One of the consultancy applied for my H1B Change of status from L1 on Nov 5, 2010. I return to India on Jan 10th 2011. My H1B is in process still. I heard from my consultant that if i go back to India then my petition will be invalid.
>>> That is true. Your change of status could get denied if you leave the country.

If I quit the company and stay in US but not working for anyone. Is it legal to just stay here as my Visa is pending?
>>> You need to be in a valid status to stay in the country. Until the H1B gets approved, you will be in L1 status and you will have to work for the L1 employer and get paid to maintain the L1 status. Otherwise you will go out of status on L1. Your best bet is to go for premium process and get the result within 15 days (additional $1000).