Query regarding L1B to H1B transfer..PLease advice..

[crazyviv]

Hi All,

I have a valid L1B visa with my current employer i.e xyz till March 2015, And even have H1B approved without COS with another employer abc.
Need to know following points before taking any decision :

1. My current employer is ready to file my L1B extension, So is it advisable to go for L1B extension when I already have approved H1B? And my H1B will get effect by this in any means?
2. As know L1B extension are getting rejected more often now,will it have any impact on approved H1B?
3. If I move forward for L1B extension, And it get rejected after that shall I go for change of status of H1B or how move forward in this kind of situation? what would be correct move as per law?

Please advice .

Thanks

[crazyviv]

Hi All,

I have a valid L1B visa with my current employer i.e xyz till March 2015, And even have H1B approved without COS with another employer abc.
Need to know following points before taking any decision :

1. My current employer is ready to file my L1B extension, So is it advisable to go for L1B extension when I already have approved H1B? And my H1B will get effect by this in any means?
2. As know L1B extension are getting rejected more often now,will it have any impact on approved H1B?
3. If I move forward for L1B extension, And it get rejected after that shall I go for change of status of H1B or how move forward in this kind of situation? what would be correct move as per law?

Please advice .

Thanks

Please suggest, Will be great help

[raghvi]

Hi All,

I have a valid L1B visa with my current employer i.e xyz till March 2015, And even have H1B approved without COS with another employer abc.
Need to know following points before taking any decision :

1. My current employer is ready to file my L1B extension, So is it advisable to go for L1B extension when I already have approved H1B? And my H1B will get effect by this in any means?
2. As know L1B extension are getting rejected more often now,will it have any impact on approved H1B?
3. If I move forward for L1B extension, And it get rejected after that shall I go for change of status of H1B or how move forward in this kind of situation? what would be correct move as per law?

Please advice .

Thanks

Assuming your I-94 is also expiring on March 2015 and that your 5 year L1B limit is not getting over on that date, then in order to stay and work beyond March 2015, your L1 employer has to file for your extension OR file a COS to H1 using the abc employer's petition before your I-94 expiry.
1. The L1 extension request would not affect the validity of H1 petition.
2. No, but if L1 extension is rejected and your I-94 has already expired by then , then you would have to leave US.
3. As mentioned above, if for some reason your L1 extension is rejected, and your I-94 has also expired then you cannot do a COS to H1. You will have to leave US, aattend H1 visa stamping with a H1 petition for either current employer or ABC with whom you want to work, and then return on H1.

If you really intend to work long term in US then I would advise you move to h1 and ask current company to file a L1 to H1 COS, this may be smoother than filing L1 extension, waiting for decision, then if I-94 expires losing the chance to do a COS and subsequently if L1 ext denial then having to leave US. Further, if you are planning GC under EB2/EB3 the wait time is so long that eventually you have to move to H1.

If for some reason you do want to take chances with L1 extension I would advise you file it in premium so that you get a decision before your I-94 expires, and if the decision is negative, that is L1 extension denied, then you will at least have time to file for a COS to H1 and would not have to leave US. Remember, COS can only be applied if one has a valid I-94.

This is my opinion not legal advice.