L1B to H1B visa status change through COS method

[D508132836]

Hello

I am having a typical case and suggestions will be highly appreciated....

Currenlty I am working on L1B visa and i have applied H1B visa through other company and my H1B filed on Aug 2010 and i have still not got any status update.

Mean while my L1B visa getting expired by July 2011 and i have not yet applied my extension because i am waiting for my H1B.

I want your suggestions and impact on how to proceed further....

" If I file L1b Extension now (I cant still wait for my H1B) and What if I get my H1B approval before my L1B extension apporval? Is my H1b cancelled and USCIS again approve L1B? ".

If I will get my H1B, i will have to quit with my current employer (L1B sponser), so is my current L1B sponsered employer as per law should inform to USCIS that the employee is out of the company and will withdraw L1b extension? In case my L1B employer will not inform to USCIS then what will happend to my H1B?

Please suggest....

[kabkaba]

When does your I-94 expire? July 2011?
If so, it is advised that you change the H1 processing to premium so that you will know the result in 15 days. Having two change/extension petitions pending is not a good idea. You may want to consult an attorney.

[shervin143]

Since it is more than 90 days since the H1B is filed, it is advisable the company attorney takes an infopass appointment with USCIS to discuss the progress of your case. Not sure why your case is stuck for more than 6 months. Was there an RFE. If so, did you employer properly respond to the RFE. If there was no RFE issued, then there should be some other reason. It is better to check with USCIS.

Like mentioned in the previous reply, chnaging to premium processing is a good idea instead of inviting complications of filing an L1 extension at the top ofthe pending H1B transfer.