New to this forum - Need suggestion from experts here on L1 to H1 conversion

[arka]

Hello All,

Being new this forum I do not if my situation has been already addressed or not. But anyhow if someone can give some expert advice that would be helpful.

I am single and on L1B visa for past 2.5 years in US working with a US MNC. My L1B visa is getting expired on May 2013 while I have a valid I 94 till 2014.

In my company it is not possible to work after visa/petition expires even if the I 94 is valid .

I have been informed that they would not be extending L1B because of the current situation concerning L1B.

I would want to continue working in US and there has been some companies approaching me with promise of H1B permit.


Now my questions are -

1.Do I have to leave the country after May 2013 once my petition is expired(but I 94 is still valid) even if the new employer/consultancy is processing my H1B?

2.Are there any legal repurcussion if I am working with my current company on L1B while my H1 B processing is started?

3.Is there any way of converting my current L1B to H1 before it expires in May 2013(I have valid I94 till 2014 September) or does it always have to be a new H1 B processing?

If so what is the process of conversion?

4. For H1B is there any category where the processing turn around time is less and do not have to wait till October?

The question might be outdated and might be answered a lot of time before but everyone's situation is unique.

So to Experts on this forum - your kind attention and advice would be really helpful.

Thanks,
Arka

[raghvi]

Hello All,

Being new this forum I do not if my situation has been already addressed or not. But anyhow if someone can give some expert advice that would be helpful.

I am single and on L1B visa for past 2.5 years in US working with a US MNC. My L1B visa is getting expired on May 2013 while I have a valid I 94 till 2014.

In my company it is not possible to work after visa/petition expires even if the I 94 is valid .

I have been informed that they would not be extending L1B because of the current situation concerning L1B.

I would want to continue working in US and there has been some companies approaching me with promise of H1B permit.


Now my questions are -

1.Do I have to leave the country after May 2013 once my petition is expired(but I 94 is still valid) even if the new employer/consultancy is processing my H1B?

2.Are there any legal repurcussion if I am working with my current company on L1B while my H1 B processing is started?

3.Is there any way of converting my current L1B to H1 before it expires in May 2013(I have valid I94 till 2014 September) or does it always have to be a new H1 B processing?

If so what is the process of conversion?

4. For H1B is there any category where the processing turn around time is less and do not have to wait till October?

The question might be outdated and might be answered a lot of time before but everyone's situation is unique.

So to Experts on this forum - your kind attention and advice would be really helpful.

Thanks,
Arka

You can work with your current employer till your I-94 expiry but in case you leave US after May 2013 you would need to get a new visa stamping done in order to return.

1. No Need as your I-4 is valid till 2014.
2. But once L1 to H1 COS is approved you have to work only with your H1 employer any employment with L1 employer after H1 start date will be considered illegal.
3. If you never had an H1 in last 6 years it has to be a fresh H1.

If you decide to stay in US your employer would have to file a L1 to H1 COS for you. Or you can go out of US get H1 stamped and return from 01-Oct-2013 or later.

4. Two categories one is if you had an H1 in last 6 Years and 6 Years of your stay in US is not completed. Second is for Non Profit Companies. Rest all have to go through the Cap.

This is my opinion not legal advice

[arka]

You can work with your current employer till your I-94 expiry but in case you leave US after May 2013 you would need to get a new visa stamping done in order to return.

1. No Need as your I-4 is valid till 2014.
2. But once L1 to H1 COS is approved you have to work only with your H1 employer any employment with L1 employer after H1 start date will be considered illegal.
3. If you never had an H1 in last 6 years it has to be a fresh H1.

If you decide to stay in US your employer would have to file a L1 to H1 COS for you. Or you can go out of US get H1 stamped and return from 01-Oct-2013 or later.

4. Two categories one is if you had an H1 in last 6 Years and 6 Years of your stay in US is not completed. Second is for Non Profit Companies. Rest all have to go through the Cap.

This is my opinion not legal advice

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Thank you Raghvi for your kidn attention and prompt response. Really appreciate.

Justcouple of pointsneed to clarify again.


1.Quote - "If you decide to stay in US your employer would have to file a L1 to H1 COS for you. Or you can go out of US get H1 stamped and return from 01-Oct-2013 or later.
" - Is this comment you have made because of my employer not permitting me to work after May 2013 on I94?
On point one you had mentioned that I dont need to leave since my I 94 would be valid.

2. I never had a H1 in past 6 years and the two employers (one that I am currently on with L1 and the one showing interest to proccess my H1) are different.
So based on your comment I understand it has to be a fresh H1 and can not be a COS.Please confirm once.

Many thanks.
Regards,
Arka

[raghvi]

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Thank you Raghvi for your kidn attention and prompt response. Really appreciate.

Justcouple of pointsneed to clarify again.


1.Quote - "If you decide to stay in US your employer would have to file a L1 to H1 COS for you. Or you can go out of US get H1 stamped and return from 01-Oct-2013 or later.
" - Is this comment you have made because of my employer not permitting me to work after May 2013 on I94?
On point one you had mentioned that I dont need to leave since my I 94 would be valid.

2. I never had a H1 in past 6 years and the two employers (one that I am currently on with L1 and the one showing interest to proccess my H1) are different.
So based on your comment I understand it has to be a fresh H1 and can not be a COS.Please confirm once.

Many thanks.
Regards,
Arka

Is your current employer is not allowing you to work after visa expiry but with valid I-94?? If yes, then the only option would be for you to leave US in May 2013, get new H1 stamped outside US, for the new employer, and return on that H1 to start work for the new employer on or after 01-Oct-2013.

You are currently in L1 status, and can remain in L1 status, if your current employer is willing to keep you and pay you , till your L1 I-94 is valid. In order to convert to H1 the next employer would file a new H1 petition as well as Change Of Status (COS) from L1 to H1 for you. The new H1 can only have a start date of 01-Oct-2013 or later. So if the New H1 is approved you would move to H1 from H1 start date and should no longer work with L1 employer from that date.

Since you never had an H1 its going to be a fresh H1 petition, COS or Consular Processing depends upon whether you remain in US or not till the H1 start date. If you can remain in US on your L1 till H1 start date (only possible if current L1 employer is willing to keep you and pay you on I-94 as mentioned earlier) a COS makes sense other wise it has to be consular processing 9in which case you leave US and return after getting H1 stamped)

This is my opinion not legal advice.

[arka]

Is your current employer is not allowing you to work after visa expiry but with valid I-94?? If yes, then the only option would be for you to leave US in May 2013, get new H1 stamped outside US, for the new employer, and return on that H1 to start work for the new employer on or after 01-Oct-2013.

You are currently in L1 status, and can remain in L1 status, if your current employer is willing to keep you and pay you , till your L1 I-94 is valid. In order to convert to H1 the next employer would file a new H1 petition as well as Change Of Status (COS) from L1 to H1 for you. The new H1 can only have a start date of 01-Oct-2013 or later. So if the New H1 is approved you would move to H1 from H1 start date and should no longer work with L1 employer from that date.

Since you never had an H1 its going to be a fresh H1 petition, COS or Consular Processing depends upon whether you remain in US or not till the H1 start date. If you can remain in US on your L1 till H1 start date (only possible if current L1 employer is willing to keep you and pay you on I-94 as mentioned earlier) a COS makes sense other wise it has to be consular processing 9in which case you leave US and return after getting H1 stamped)

This is my opinion not legal advice.

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hello Raghvi,

Thanks again for your prompt response.I am clear now.

As per my company policy I am not entitled to work with valid I94 since my petition would expire nor they would be willing to process a extension looking at current rejection and other factors.

So if I have to go back to India and work from there the constraint of not working whille the H1 petition is approved for the other employer is not valid right?This is only if I am on I94 and on L1 status here in US as I understood from your comments.

Once again thanks for your help.

Regards,
Arka

[raghvi]

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hello Raghvi,

Thanks again for your prompt response.I am clear now.

As per my company policy I am not entitled to work with valid I94 since my petition would expire nor they would be willing to process a extension looking at current rejection and other factors.

So if I have to go back to India and work from there the constraint of not working whille the H1 petition is approved for the other employer is not valid right?This is only if I am on I94 and on L1 status here in US as I understood from your comments.

Once again thanks for your help.

Regards,
Arka

Once outside US you can work for any employer, USCIS only cares about you being in valid status with right employer only while in US.

This is my opinion not legal advice.

[arka]

Once outside US you can work for any employer, USCIS only cares about you being in valid status with right employer only while in US.

This is my opinion not legal advice.

Hi Raghvi,

I need a personal suggestion.Is COS from L1 to H1 while being in US a more simpler approach than the consular one from India? I am just asking based on the probability of getting H1.


Once again thanks for your help.

[kabkaba]

It makes no difference.

[sg050287]

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