L1B to H1 transfer

[rajaram123]

Hi,
I am working for company A on L1B visa which is valid until Sep-29-2011. My current company A has applied for L1B/i94 extension.

Another company B is ready to file H1B visa for me. But they say I will be out of status on Sep-30-2011 and hence they want to make sure I need to stay in US legally on Sep-30. Please clarify me on the queries I have..

1. Can company B apply for H1B if I get RFE for my L1B/i94 extension in the month of October?(I will not have valid i94 after Sep-29)

2. Can company B apply for H1B during third week of September on premium processing?. If my L1B approval comes after my H1B approval, what will happen to my H1B?

3. Can company B apply for H1B on premium processing now without COS? If I get my H1 approval now and my L1B comes later on October, what will happen to my H1?

Thanks.

[shervin143]

1. Can company B apply for H1B if I get RFE for my L1B/i94 extension in the month of October?(I will not have valid i94 after Sep-29)
>>> Possible. It has to be filed as a case of bridging. Search and read about posts that talks about bridging in immihelp. If L1 extension gets rejected, then H1B will also get rejected.

2. Can company B apply for H1B during third week of September on premium processing?.
>>> Possible. It has to be based on the pending L1 extension filed as a case of bridging.

If my L1B approval comes after my H1B approval, what will happen to my H1B?
>>> Your status will change to L1 and you can no longer work for the H1B employer. Search and read about the last action rule.

3. Can company B apply for H1B on premium processing now without COS? If I get my H1 approval now and my L1B comes later on October, what will happen to my H1?
>>> Yes. Nothing will happen to H1B. In order to work for the H1B employer, you have to get the H1B visa stamped and return back in H1B visa.