L1 to H1B Transfer - Timing and what if there is a gap?

[sudhay2k]

Hi

I have been working for a company on L1B from last few years and it is going to expire on Jan 13th 2012. Same company is planning to apply for H1B using premium process for this year.

I have few questions
1. Is 2 month period is sufficient enough to get the H1B approved with COS even if it is premium.
2. If L1 to H1 COS does not happen before my current L1 expires, can I stay in US? Is there a grace period?
3. If I have to travel to India, Is the L1 to H1 COS application becomes invalid? Do I need go for brand new visa?

Any immediate help would be really great.

Thank you.

[shervin143]

1. Is 2 month period is sufficient enough to get the H1B approved with COS even if it is premium.
>>> If there are no RFEs, it will take only 15 days to get the result in premium processing. If there is an RFE, the 15 day clock will start again on receiving the the RFE documents from your side.

2. If L1 to H1 COS does not happen before my current L1 expires, can I stay in US? Is there a grace period?
>>> Not unless an L1 extension is filed. There is no grace period and the employment will become illegal.

3. If I have to travel to India, Is the L1 to H1 COS application becomes invalid?
>>> The COS might get denied and the H1B application may get approved for consular process.

Do I need go for brand new visa?
>>> Visa and petition are two different things. Visa is the one that you get stamped in your passport at a Consulate and it is required only to enter U.S in a particular status. In order to re-enter U.S in H1B status, you need a H1B visa.

[sudhay2k]

Thank you very much shervin for your quick help.

So worst case scenario, I may have to go for visa stamping in India, if H1 petition is approved and COS does not happen in time.

Again thanks very much for your time and quick help.

[shervin143]

That is correct.

So worst case scenario, I may have to go for visa stamping in India, if H1 petition is approved and COS does not happen in time.

[raghvi]

Is Employment Invalid if L1 has expired?

Hello,

If my L1/H1 has expired and company hasn't filed for extension as of yet and I am still working with the company on the basis of I94 is my employment valid or invalid?

[shervin143]

What do you mean by L1/H1 has expired? What is your current immigration status? Are you in L1 blanket with an extended I-94? If yes, then you can continue to work for the L1 employer as long as the I-94 remains valid. Extension can be filed 6 months prior to the I-94 expiry date.

Hello,

If my L1/H1 has expired and company hasn't filed for extension as of yet and I am still working with the company on the basis of I94 is my employment valid or invalid?