L1 to H1

[Raj_G92000]

Hi,

I am currently working on L1 Visa with Company 'A' which is valid till Feb 2013. My current project is going to go on for over a year from now.

In mean time I am getting my H1-B filed through company 'B'.

After getting my H1-B petition approved, can I choose to continue working on L1 Visa even after October 1st and then change my status to H1 later?

Please clarify, thank you

-Raj

[shervin143]

It depends on how the H1B petition is been filed. Is the employer filing the H1B petition as a COS from L1 or for consular process?

[Raj_G92000]

We want to avoid going back to home country for Stamping. So going to file H1B accordingly.

Elaborating my question just in case my question was not clear:earlier -
Can I choose to continue working with Employer 'A' on L1 Visa by not resigning the current job, even after getting 'H1' petition filed by Employer 'B' approved? As mentioned above Employer 'B' is going to file new H1 petition as COS

[shervin143]

If your H1B petition gets approved for COS, then your employment with the L1 employer after the H1B effective date is illegal.

We want to avoid going back to home country for Stamping. So going to file H1B accordingly.

Elaborating my question just in case my question was not clear:earlier -
Can I choose to continue working with Employer 'A' on L1 Visa by not resigning the current job, even after getting 'H1' petition filed by Employer 'B' approved? As mentioned above Employer 'B' is going to file new H1 petition as COS

[Raj_G92000]

Thank you Shervin,

So if I am interested in working with current employer on L1 even after October 1st, I should go with H1 petition with new employer under CP (Counselor Process).

Would you please confirm this?

[shervin143]

Yes, if you file the H1B petition for CP, then you can continue to work for the L1 employer after the H1B approval as your status will never change to H1B until you file an amendment for COS later or leave the country and re-enter back in H1B visa/petition.

If the H1B gets approved for COS (with a new I-94), then leave the country before the H1B effective date and re-enter back in L1 visa/petition after the H1B effective which will put you back in L1 status allowing you to work for the L1 employer. Search and read about "Leap Frog".

Thank you Shervin,

So if I am interested in working with current employer on L1 even after October 1st, I should go with H1 petition with new employer under CP (Counselor Process).

Would you please confirm this?