Please advice..Need Help

[mart]

Hello,

I am working for Organisation A on L1B visa and planning to apply for H1B through Organisation B.
My current L1 expires on Sep 2 2014.
Can I go and get my H1 stamped some time in June/July 2014, if I get my petition approved and can I continue working on L1 till September?
Would I be able to work on L1B after I do H1 stamping? Or will my L1 gets cancelled once H1 stamping is done.

Thanks
Ankur

[immihelp]

It is up to the Consular officer, but most likely, your L1 stamp will be cancelled when you get H1 stamp.

Even if it is not cancelled, when you enter the US, you will have only one status. If you enter the US on L1, and if you want to go on H1 later, you will have to apply for change of status from L1 to H1 which is not a trivial process.

[mart]

Thanks for your advice.
In my case as my current L1 expires on Sep 2, is that a possible option to apply for COS becasue of the gap till October 1st?

[raghvi]

It depends upon the I-94 you get on the L1 when you re enter US IN June/July . If you get I-94 beyond Oct-1-2014 then yes COS to H1 can be applied, but if I-94 expires on Sep-2-2014 then things become complicated, and your COS to H1 can happen only after extension of L1 is approved (to be in status from Sep 2th till H1 start date).

If your intention is to return on L1 in June/July 2014 then I wouldn't advise attending H1 interview in June/July 2014. As there is very high likelihood of L1 getting cancelled. If that happens you would be able to enter US only around 30-Sep-2013 (if H1 is approved). If you want to wait till 01-Oct-2014 then its a different thing.

You can work with the L1 employer till Sep 2 and then leave to get H1 stamped.

This is my opinion not legal advice.