L1 and H1

[Venkata Ganji]

Hi I am on L1 and my spouse is on L2.
I have applied for H1B this year. So could any one of you please clarify below queries?
1. Heard that by default from October 1 st, my status is changing to H1B. Is that true(if h1b approved)?
2. I have L1 visa till March 7. So I want to continue on L1 till March and then convert to H1B . What is the best approach?

[raghvi]

Hi I am on L1 and my spouse is on L2.
I have applied for H1B this year. So could any one of you please clarify below queries?
1. Heard that by default from October 1 st, my status is changing to H1B. Is that true(if h1b approved)?
2. I have L1 visa till March 7. So I want to continue on L1 till March and then convert to H1B . What is the best approach?

1. Yes, if you have valid L1 I94 till 30-Sep-2014 or beyond, and h1 was applied and approved as COS, and H1 approval comes with new I94 at the bottom of the I797.
2. If H1 was applied as COS then you have two options.
A
a. File H1 amendment to convert from COS to consular process in premium. USCIS may agree or not. Even if they agree to convert from COS to consular, in March they may not consider a L1 to H1 COS again and you would need to leave US and get H1 stamped in order to move to H1.
b. Leave US before 01-Oct-2014, and return back to US after 01-Oct-2014 on valid L1 visa. This will nullify the change of status as you would not be in US on the COS date.

Either of the above options would cost you so do proper due diligence. If in doubt do seek guidance from an attorney.

This is my opinion not legal advice.