L1 Visa Expired-I94 valid

[kartjob]

I am working in US now and came by L1B-Blanket Visa. My L1B visa expired last week and i have valid I-94 until 2015. Can I try for L1 to H1 change of status in 2013 cap ? I know L1 to H1 change of status is possible but I'll be staying in my I-94 since L1 is expired.

I am planning to change my employer, will the counsultants agreed to do my change of status ?

[raghvi]

I am working in US now and came by L1B-Blanket Visa. My L1B visa expired last week and i have valid I-94 until 2015. Can I try for L1 to H1 change of status in 2013 cap ? I know L1 to H1 change of status is possible but I'll be staying in my I-94 since L1 is expired.

I am planning to change my employer, will the counsultants agreed to do my change of status ?

You can work with your L1 Employer as long as your L1 I-94 is valid and as long as a Change of Status is not approved. New Visa is required only if you leave US and want to re enter US.

At the same time another employer can file an H1 petition for you in April 2013 and the start date of H1 can only be 01-Oct-2013 or later.

The L1 to H1 can be filed as Change of Status or Consular Processing. If applied as COS, and approved, you will move to H1 status from H1 petition date and should work and get paid only by the H1 employer (be careful here as some consultants make big promises before joining but later say cant fine a job for you and will not pay you, in which case you will go out of status). If L1 to H1 is applied as consular processing, you can continue working with the L1 employer and you will move to H1 only if you get H1 stamped in a US consulate outside US and re enter US on H1 petition.

Irrespective of H1 or L1, since your visa has expired, if you leave US, you will have to get a fresh visa stamped in your passport in order for you to be allowed re entry to the US .

Your similar questions have already been answered in the other forum post by you at:

http://www.immihelp.com/forum/showthread.php/107026-L1B-Expired-Last-week-should-i-try-for-H1B-2013-cap-with-private-consultants

As mentioned there, there are lot of permutations and combinations especially if you travel outside US.

Do you have any specific questions or queries?

This is my opinion not legal advice.