L1A Convertion to H1B

[SureshKannan]

Hi Members,

I am in L1A Visa and it is expiring on 18th Sep 2016. My company is processing the L1A extension now. I am planning to process H1B (only counselor notice. not change of status) this year with other company.. Here are the questions I have and need your help..

1. If we process H1B this year, will this affect my L1A Extenion in anyway ?
2. If H1B is picked up in the lottery and approved, Can I continue to work in L1A Visa after 1st Oct 2016 (until i decide to move to H1B Visa) ?
3. If H1B is picked up in the lottery and approved, will this affect GC (EB1) processing if my present is okay to proceed later this year ?

Thanks in advance.

Thanks,
Kannan

[SureshKannan]

Dear Forum Members,

Any help on these questions would be highly appreciated. Thanks in advance !

Thanks,
Kannan

[Libra_14]

1. If we process H1B this year, will this affect my L1A Extenion in anyway ?

- No, one can have N number of petition/applications from different employers

2. If H1B is picked up in the lottery and approved, Can I continue to work in L1A Visa after 1st Oct 2016 (until i decide to move to H1B Visa) ?

- Yes, do not do COS, until you really want to move to H1B company

3. If H1B is picked up in the lottery and approved, will this affect GC (EB1) processing if my present is okay to proceed later this year ?

- No

[SureshKannan]

Thanks a lot Libra_14. Appreciate it !

Few follow up questions to my original thread..

4. If H1B is picked up in the lottery and approved, when i decide to move to H1B Visa (may be after Jan 2017), do i have below options and what is preferred option ?

a. Do the the change of status (COS) and continue in US (without going out of US for stamping) with the new I94 ?

b. Go out of US and get the H1B stamping and come back to US ?

5. Three years I am in US with L1A Visa. so what would be validity (3 more years ?) of H1B Visa ?

6. Once i reach max validity (L1A - 4 more years and H1B - 3 more years), What are the options to continue in US ?

Thanks,
Kannan

[Libra_14]

4. If H1B is picked up in the lottery and approved, when i decide to move to H1B Visa (may be after Jan 2017), do i have below options and what is preferred option ?
a. Do the the change of status (COS) and continue in US (without going out of US for stamping) with the new I94 ?
b. Go out of US and get the H1B stamping and come back to US ?

Both options are there. I suppose you already knew this - If for any reason you move out of US or if your I94 expires, you'll need to get the new visa stamped.

5. Three years I am in US with L1A Visa. so what would be validity (3 more years ?) of H1B Visa ?

Yes 5 more years (L1A is for 7 years), but H1 can be extended beyond that point as well.

6. Once i reach max validity (L1A - 4 more years and H1B - 3 more years), What are the options to continue in US ?

After H1, file for your GC & you can continue staying there until you get a response (be it positive or negative) for your GC application.