L1B to H1B change of status

[CJD]

Hi,
I saw many threads for L1B to H1B COS, but nothing related to my particular question. Hence creating a new thread.

I have an L1B valid till Aug 2012. The same employer is willing to file an H1. What should be the best course of action so that I do not have to go back after my L1 expires, and till 1st Oct 2012 (start date of new H1)?

If I file a fresh H1, that will be effective 1st Oct, and I have to go back in Aug and come back on 1st Oct. Is tat correct?

If I file a L1 to H1 COS, what would be the case? Will I get a new I-94? If so, with what start date? Will the H1 petition be still effective 1st Oct? I am just trying to figure out if I can at least stay in US with the new I-94 when my current L1 expires, and till 1st Oct. I understand I will not be able to work, but will I be able to at least stay legally till 1st Oct and start working on 1st Oct.

Note that I am not changing employer. The same employer is filing H1 for me.

Any help would be appreciated.

Thanks.

[shervin143]

When you have a GAP between your L1 expiry date and H1B effective date, the petition will not get approved for COS. It will get approved for consular process. Unless you file the L1 extension and then file the H1B as a COS based on the L1 petition that is extended or pending extension, the COS will be declined and the H1B might get approved for consular process. Even if the H1B gets approved with a new I-94, you cannot start working in H1B status until Oct 1st (H1B effective date). So your presence in U.S from your L1 expiry date until the H1B effective date will be considered as illegal stay and it will cause issues later. You have two options.

1) Extension can be filed 6 months prior to the I-94 expiry date. So file the L1 extension as soon as possible. Once the L1 petition gets extened, you can file the H1B as a COS from the extended L1 petition/I-94.

2) File the H1B for consular process. Leave the country when the L1 I-94 expires. Get the H1B stamped and return back.

[CJD]

When you have a GAP between your L1 expiry date and H1B effective date, the petition will not get approved for COS. It will get approved for consular process. Unless you file the L1 extension and then file the H1B as a COS based on the L1 petition that is extended or pending extension, the COS will be declined and the H1B might get approved for consular process. Even if the H1B gets approved with a new I-94, you cannot start working in H1B status until Oct 1st (H1B effective date). So your presence in U.S from your L1 expiry date until the H1B effective date will be considered as illegal stay and it will cause issues later. You have two options.

1) Extension can be filed 6 months prior to the I-94 expiry date. So file the L1 extension as soon as possible. Once the L1 petition gets extened, you can file the H1B as a COS from the extended L1 petition/I-94.

2) File the H1B for consular process. Leave the country when the L1 I-94 expires. Get the H1B stamped and return back.

Thanks for detailed response.

Here is what I thought -

File H1 for consular processing and get approved (hopefully). In Aug 2012, just days before my L1 expiry date, my employer applies for L1 extension and I stay and work till 1st October based on L1 extension in process. Most probably the decision on L1 extension will still be pending by 1st Oct. On 1st Oct, withdraw L1 and start working on H1.

Is this plan valid? Does the L1 petition extension application affect my already approved H1?

Also what if the L1 also gets approved? What is my status?

[shervin143]

Search and read the difference between COS and Consular process. When a petition gets approved for consular process (without a new I-94) you cannot work until you leave the country and return back in a valid visa that correspond to that status (Which will get you a new I-94 at the POE associated to that status).

Also, just filing the extension alone will not put you in status. The extension will have to get approved. If the extension is denied or withdrawn, then the time spend in U.S after your current I-94 expiry date will be treated as illegal stay.

Whatever I have mentioned in my previous reply are your only options. Also, if you file both L1 extension and the H1B COS at the same time, then your status will change as per the last petition that becomes effective. Search and read about the last action rule. That is why you have to file the L1 extension as soon as possible and later file the H1B COS in regular processing based on the approved or pending L1 extension.

Thanks for detailed response.

Here is what I thought -

File H1 for consular processing and get approved (hopefully). In Aug 2012, just days before my L1 expiry date, my employer applies for L1 extension and I stay and work till 1st October based on L1 extension in process. Most probably the decision on L1 extension will still be pending by 1st Oct. On 1st Oct, withdraw L1 and start working on H1.

Is this plan valid? Does the L1 petition extension application affect my already approved H1?

Also what if the L1 also gets approved? What is my status?

[ASHUPACH]

L1B under Extension Processing to fresh H1B change of status

Hi,
I saw many threads for L1B to H1B COS, but nothing related to my particular question. Hence creating a new thread.

I have an L1B valid till March 2013(I94 till April 5 2013). The same employer has recently filed my L1 B extension and which is in Process.

I am planning to file H1 B with a new employer on 1st Aprail 2013 with the COS based on the L1 B extension receipt.

I would like to know the possibilities in case of my L1 B approved or rejected, what are the possibilities of getting H1 B and L1 B approved?

Any help would be appreciated.

Thanks.

[krb]

L1 to H1 with COS is in process and India travel

Hi,

My Case is bit different, request expers kind attention:

My situation is : My L1 to H1 with COS is in process. Don't know when approval will come. I want to go to India in September. I wanted to know my legal status in following scenario:

1) If I go India in September and come back to US in September on L1 with new I-94. If in the mean time (while I was out of US) my H1 with COS get approved. My status after October 1st will be on L1 or H1 ?


2) If I come back to US after October 1st on L1 with new I-94 but still my H1 with COS status is in 'initial review'. If I get approval later ... say in November or December. Will it change my status from L1 to H1 automatically or I need to go for COS again as my I-94 got changed due to my travel.

Thanks,
Kabir