L1-X to H1

[avijitghosh]

Hi,

My L1 extension is valid till 15th Sep, 2012 however I94 is valid till 9th Sep, 2012. I might apply for a further L1 extension as my full stay would not be 5 years. However, I just would like to know how can I negotiate with my current emplyer so that they can apply for my H1 in such a way so that I don't have to go back to my country and my L1 gets converted to H1. Is there any such way? Please advice.

In some post I found that even if I apply for H1 and it gets approved then also H1 period starts from each year's October's first monday onwards. Is it true? If yes then isn't there any way to stay here and conversion just takes place on its own?

[kabkaba]

Employer can request any start date in a financial year (Oct 1 to Sep 30). Petition can be filed max 6 months before the requested start date. Petition can only be filed if the cap for that year remains open.
In your case, the employer can request start date of Sep 10, 2012 but the petition cannot be filed earlier than Mar 10, 2012 and the cap may not remain open until that time.
However, since the cap is wide open right now, your employer can file anytime requesting immediate start date (Oct 1 is practically here). After petition is approved with change of status to H1 you will get a new I-94 and you will be able to stay until that new I-94 date. Total stay in the US in L1 and H1 status cannot be greater than 6 years. After change of status, whenever you leave the US, you must get H1 Visa in order to return.