L1B to H1B(2013) cos abandoned...still in USA...

[honeasp]

Hello,

It will be of great help if you could clarify my doubt.
I applied for change of status L1B to H1b through a consultancy, It was in initial review and I had to travel to India for unavoidable reason. H1B petition got approved but COS got denied as I was in India while USCIS approve my petition. Now I came back to US (sep21st 2013) on L1B and they have given a new I94 which is valid till end of 2013 (L1B visa expiry date)

Can I transfer my approved H1B to present L1B employer or another H1B employer? Because I need to go for stamping in India as COS abandoned and presently kid is going to school.

Thanks in advance. Much Appreciated.

[raghvi]

Hello,

It will be of great help if you could clarify my doubt.
I applied for change of status L1B to H1b through a consultancy, It was in initial review and I had to travel to India for unavoidable reason. H1B petition got approved but COS got denied as I was in India while USCIS approve my petition. Now I came back to US (sep21st 2013) on L1B and they have given a new I94 which is valid till end of 2013 (L1B visa expiry date)

Can I transfer my approved H1B to present L1B employer or another H1B employer? Because I need to go for stamping in India as COS abandoned and presently kid is going to school.

Thanks in advance. Much Appreciated.

Seems the H1 petition was approves as consular process. Any company, current or otherwise, can port this petition and convert to COS. You shouldn't start working till the L1 to H1 COS is approved.

This is my opinion not legal advice.

[honeasp]

Seems the H1 petition was approves as consular process. Any company, current or otherwise, can port this petition and convert to COS. You shouldn't start working till the L1 to H1 COS is approved.

This is my opinion not legal advice.

Thanks Raghvi, Consular process means how many remaining years I can be in USA. I am completing 3 Years on L1 now. Thanks in advance

[raghvi]

Thanks Raghvi, Consular process means how many remaining years I can be in USA. I am completing 3 Years on L1 now. Thanks in advance

L1+H1 combined can be 6 Years. So if you have already spent 3 Years, then H1 can be for 3 Years.

This is my opinion not legal advice.

[honeasp]

L1+H1 combined can be 6 Years. So if you have already spent 3 Years, then H1 can be for 3 Years.

This is my opinion not legal advice.

Thanks Raghvi. One more question, please let me know will it be a risk if want to continue with L1 by applying for extension. I fear that like if i apply for L1 extension, possibility of getting rejected, because of H1 approved (consular process)?. Is it correct? I am thinking if L1 gets rejected I can use the approved H1 notice early next year? Is it also correct? Thanks again

[raghvi]

Thanks Raghvi. One more question, please let me know will it be a risk if want to continue with L1 by applying for extension. I fear that like if i apply for L1 extension, possibility of getting rejected, because of H1 approved (consular process)?. Is it correct? I am thinking if L1 gets rejected I can use the approved H1 notice early next year? Is it also correct? Thanks again

possible only if you file a transfer to move to H1 before your L1 I94 expiry. If you file a transfer to H1 after your L1 I94 expiry, the approval will depend upon you first getting a successful L1 extension.

Of course you can always leave US get an H1 stamping done and go back to US.

This is my opinion not legal advice.