L1-B extension rejected : H1-B filing in progress by the same employer

[dextr]

I on L1-B Visa working for an MNC.
My L1-B/I-94 are valid till July-26-2012.
Applied for an extension of L1-B in premium processing which was rejected on May-22-2012.
I am still in US and planned to leave to India before I-94 expiry, i.e before July-26-2012.
L1-b Extension was applied in premium processing because, on extension rejection, I can make the H1-B cap for 2013.

My H1-B filing is in progress by the same employer.
I have following doubts and request your help in getting them answered.

1. Will my H1-B should be filed as fresh H1 or L-H conversion.
2. As I am still in US, my employer told that It will be applied as L-H conversion.Is this the right way to do?
3. As my L1-B extension was rejected, now my L1 Visa is void and I will be in US still I-94 expiry [July-26-2012]). If H1 will be filed as L-H conversion, does L-H conversion will create any issues?

Thanks in advance..

[shervin143]

[*]Will my H1-B should be filed as fresh H1 or L-H conversion.
>>> It should be filed for consular processing and not as a COS.

[*]As I am still in US, my employer told that It will be applied as L-H conversion.Is this the right way to do?
>>> No. Since you will leave U.S in July and since your L1 extension has been denied, your should file the H1B for consular process. When it gets approved, get the H1B stamped and return back after Oct 1st.

[*]As my L1-B extension was rejected, now my L1 Visa is void and I will be in US still I-94 expiry [July-26-2012]). If H1 will be filed as L-H conversion, does L-H conversion will create any issues?
>>> H1B will never get approved for COS even if you request as change of status since you do not have a valid I-94 until end of September. Also, if you file a COS, you are not suppose to leave the country. CP is the best option for you.

[dextr]

shervin143,

thank you very much for your response.

It was very helpful... will talk to my employer and make sure that my H1-B will be applied for consular processing..



thanks once again.