L1-B to H1-B Conversion issues

[RaghuA]

Hi,

Can someone please answer if you have any idea about below query?

I have valid L1-B through employer A which expires in March, 2015. I also applied for H1B while i am in usa in 2014 quota through employer B which got picked in lottery but still don't know the status of approval.

My question is,

1. If H1-B is approved, i assume my status is going to change from L1-B to H1-B starting from Oct, 2013. At this point, what happens to my L1-B status?
2. If say my L1-B status is immediately cancelled after H1-B active, what is the best approach to cancel my new H1-B if I want to continue on L1-B?
3. If say my L1-B status is not cancelled immediately, how long can i continue on L1-B or is it possible to continue on L1 till I decided to go with H1 employer pay roll?

Thanks in Advance..

[raghvi]

Hi,

Can someone please answer if you have any idea about below query?

I have valid L1-B through employer A which expires in March, 2015. I also applied for H1B while i am in usa in 2014 quota through employer B which got picked in lottery but still don't know the status of approval.

My question is,

1. If H1-B is approved, i assume my status is going to change from L1-B to H1-B starting from Oct, 2013. At this point, what happens to my L1-B status?
2. If say my L1-B status is immediately cancelled after H1-B active, what is the best approach to cancel my new H1-B if I want to continue on L1-B?
3. If say my L1-B status is not cancelled immediately, how long can i continue on L1-B or is it possible to continue on L1 till I decided to go with H1 employer pay roll?

Thanks in Advance..

The answers depend a lot on whether L1 to H1 was applied as COS (Change Of Status) or as Consular processing. Most of the consultancy would apply as COS. So in case it was applied as COS:
1. One can have only one status while in US so if you are on H1 then you are no longer on L1.
2. In order to get back to L1 you will have to leave US and enter US on L1 visa. Best way would be to leave around last week of Sept and return 1 week of Oct.
3. You can continue till L1 I-94 expiry or 5 years stay in L1 whichever is earlier.

If filed as COS you cannot work with L1 employer from H1 start date (unless you leave and re enter on L1). You should work only with H1 employer and must get paid as per LCA otherwise you will go out of status.

If L1 to H1 filed as consular processing:
1. You will move to H1 only when you go to a US consulate outside US, get H1 stamped and enter US on H1 OR an amendment to underlying H1 petition is filed to convert the consular processing to COS.

This is my opinion not legal advice.

[RaghuA]

The answers depend a lot on whether L1 to H1 was applied as COS (Change Of Status) or as Consular processing. Most of the consultancy would apply as COS. So in case it was applied as COS:
1. One can have only one status while in US so if you are on H1 then you are no longer on L1.
2. In order to get back to L1 you will have to leave US and enter US on L1 visa. Best way would be to leave around last week of Sept and return 1 week of Oct.
3. You can continue till L1 I-94 expiry or 5 years stay in L1 whichever is earlier.

If filed as COS you cannot work with L1 employer from H1 start date (unless you leave and re enter on L1). You should work only with H1 employer and must get paid as per LCA otherwise you will go out of status.

If L1 to H1 filed as consular processing:
1. You will move to H1 only when you go to a US consulate outside US, get H1 stamped and enter US on H1 OR an amendment to underlying H1 petition is filed to convert the consular processing to COS.

This is my opinion not legal advice.

Thanks a lot for quick reply, this info is very useful. I also have couple of follow up questions.

1. If I have to go back to India in last week of Sept, I have to go for L1-B visa stamping since my visa is expired by end of Mar, 2013. Do you think this is going to be a problem since I have both L1 and H1.
2. What happens to my wife L2 visa status? Does she need to go and come back on L2 again like me?

Thanks again.

[raghvi]

Thanks a lot for quick reply, this info is very useful. I also have couple of follow up questions.

1. If I have to go back to India in last week of Sept, I have to go for L1-B visa stamping since my visa is expired by end of Mar, 2013. Do you think this is going to be a problem since I have both L1 and H1.
2. What happens to my wife L2 visa status? Does she need to go and come back on L2 again like me?

Thanks again.

1. I dont think so. Only thing is these days L1s seems to be having less chances of approval immediately than H1.
2. Yes it is advisable if her I-94 is expiring along with the L2 visa. Even if she has an I-94 beyond visa as her L2 status is tied to your L1 if you are planning to re enter US on L1 within a few weeks and her I-94 is valid then she need not go for stamping. But one cant predict if you will get a successful L1 stamping or how much time it will take. If processing stretches beyond few weeks she risks losing her L2 status with you not present in US on L1.

This is my opinion not legal advice.