L1 to H1 COS

[user1401]

Hello,
I am currently on L1B visa with employer A.My L1B has already expired and my I94 is valid till Sep 2015. I have a LIB to H1B transfer process on going with another employer B. If I resign employer A then can I continue to stay in US on the basis of the receipt no for H1B till they come to a decision?will the COS get abandoned?

Also can I apply for H4 visa while on i94 for L1B employer and a H1B transfer in progress. Will that hamper H1B processing in any way.?

[raghvi]

Hello,
I am currently on L1B visa with employer A.My L1B has already expired and my I94 is valid till Sep 2015. I have a LIB to H1B transfer process on going with another employer B. If I resign employer A then can I continue to stay in US on the basis of the receipt no for H1B till they come to a decision?will the COS get abandoned?

Also can I apply for H4 visa while on i94 for L1B employer and a H1B transfer in progress. Will that hamper H1B processing in any way.?

Why is the COS getting delayed ?did the attorney get any RFE?

If you resign your current employer you would go out of status as your H1 hasn't been approved as of yet. Why would want to resign when you cant work for the next employer yet and you aren't sure also whether the H1 petition will get approved or not.

I wouldn't recommend trying to file another COS to H4 unless you withdraw the H1 petition or get a decision on it. A COS to a dependent visa takes much longer and if L1 to H4 gets approved. After L1 to H1 you would automatically move to H4 and cant. Work unless you file a H4 to H1 COS.

This is my opinion not legal advice.

[user1401]

Why is the COS getting delayed ?did the attorney get any RFE?

If you resign your current employer you would go out of status as your H1 hasn't been approved as of yet. Why would want to resign when you cant work for the next employer yet and you aren't sure also whether the H1 petition will get approved or not.

I wouldn't recommend trying to file another COS to H4 unless you withdraw the H1 petition or get a decision on it. A COS to a dependent visa takes much longer and if L1 to H4 gets approved. After L1 to H1 you would automatically move to H4 and cant. Work unless you file a H4 to H1 COS.

This is my opinion not legal advice.

yes there was an RFE and it is currently in RFE response review status since 75 days. My current assignment has come to an end and my employer wants to go back to India. If I leave the country I guess my COS won't get approved. If my H1 petition gets approved can I come back after getting my visa stamped from India? Do I need to change the visa process before I leave US?

[raghvi]

yes there was an RFE and it is currently in RFE response review status since 75 days. My current assignment has come to an end and my employer wants to go back to India. If I leave the country I guess my COS won't get approved. If my H1 petition gets approved can I come back after getting my visa stamped from India? Do I need to change the visa process before I leave US?

Why not upgrade the H1 to premium?

Yes, you are right if you leave now your COS will not get approved. Once petition gets approved you can go for stamping and return on that H1 is successfully stamped.

This is my opinion not legal advice.