L1B - H1 conversion

[subbuk27p]

I am currently in USA on expired L1B VISA with employer A. My current L1B Visa has expired in 3rd Jan 2013 but I have the valid I94 with validity date Dec 2016. I want to know can I convert my status from L1 B to H1 with the current status I am in? As my L1B visa is already expired, am I am eligible to do it when the H1B quota opens this year in 2014. I never had a H1 B visa and this would be my first attempt to get a H1B. My next question is- if my L1B to H1B conversion is rejected, can I still continue to stay in USA till my current I94 (valid till Dec 2016) or I will have to leave USA in case my L1B to H1 B conversion is rejected.

[raghvi]

I am currently in USA on expired L1B VISA with employer A. My current L1B Visa has expired in 3rd Jan 2013 but I have the valid I94 with validity date Dec 2016. I want to know can I convert my status from L1 B to H1 with the current status I am in? As my L1B visa is already expired, am I am eligible to do it when the H1B quota opens this year in 2014. I never had a H1 B visa and this would be my first attempt to get a H1B. My next question is- if my L1B to H1B conversion is rejected, can I still continue to stay in USA till my current I94 (valid till Dec 2016) or I will have to leave USA in case my L1B to H1 B conversion is rejected.

It would have been easier had you asked questions with serial numbering.

Yes you can file L1 to H1 as a COS when Cap opens in April 2014 but the start date will be 01-Oct-2014 or later. If your COS is approved, you have to work with the H1 employer post COS date, you cannot work with L1 employer after COS to H1. Also, even if your H1 COS is rejected you can continue to work on L1 till your I-94 expires or 5 Years L1 stay completes whichever is earlier. Of course as your visa has expired, if you leave US, in order to return you would need a new valid visa.

This is my opinion not legal advice.