L1B -> H1B on i797B

[rd1988]

I am currently working in the states from the past 1 year on L1B ( expiration August, 2018) and I have an approved i797B (expiration September 2018) which was filed the same year when I got the L1B. So both were filed from my home country.

I would want to convert to H1B and have the following queries:

1. Is there a certain element of risk involved in this conversion? I have learnt that approved petitions get stamping without much rejections but could my case effect the approval?
2. Could I do this without travelling to my home country?
3. If the change gets approved when would the status change come in effect? Immediate or October? If October then would I have to leave the country and then enter back again?
4. My wife currently works part time on EAD, this change would take away her rights to work but would it be immediate or she still has opportunity to work till October?
5. One last thing, a change of client and location is foreseen in the near future. Would that be a concern?

[raghvi]

I am currently working in the states from the past 1 year on L1B ( expiration August, 2018) and I have an approved i797B (expiration September 2018) which was filed the same year when I got the L1B. So both were filed from my home country.

I would want to convert to H1B and have the following queries:

1. Is there a certain element of risk involved in this conversion? I have learnt that approved petitions get stamping without much rejections but could my case effect the approval?
2. Could I do this without travelling to my home country?
3. If the change gets approved when would the status change come in effect? Immediate or October? If October then would I have to leave the country and then enter back again?
4. My wife currently works part time on EAD, this change would take away her rights to work but would it be immediate or she still has opportunity to work till October?
5. One last thing, a change of client and location is foreseen in the near future. Would that be a concern?

Are L1 and H1 employer's the same?

[rd1988]

Are L1 and H1 employer's the same?

Yes both are from the same employer.

[rd1988]

Hoping for replies

Guys any input might be helpful. Please share your thoughts.

[raghvi]

I am currently working in the states from the past 1 year on L1B ( expiration August, 2018) and I have an approved i797B (expiration September 2018) which was filed the same year when I got the L1B. So both were filed from my home country.

I would want to convert to H1B and have the following queries:

1. Is there a certain element of risk involved in this conversion? I have learnt that approved petitions get stamping without much rejections but could my case effect the approval?
2. Could I do this without travelling to my home country?
3. If the change gets approved when would the status change come in effect? Immediate or October? If October then would I have to leave the country and then enter back again?
4. My wife currently works part time on EAD, this change would take away her rights to work but would it be immediate or she still has opportunity to work till October?
5. One last thing, a change of client and location is foreseen in the near future. Would that be a concern?

1. It all depends upon the strength of the documentation.
2. Yes, only status can be changed without travelling out of US. But if you need a new H1 visa, you do need to travel outside US.
3. Immediate upon approval or as per date mentioned in the I129.
4.As soon as your L1 to H1 COS is approved.
5. Is location within same MSA?

This is my opinion not legal advice.

[rd1988]

1. It all depends upon the strength of the documentation.
2. Yes, only status can be changed without traveling out of US. But if you need a new H1 visa, you do need to travel outside US.
3. Immediate upon approval or as per date mentioned in the I129.
4.As soon as your L1 to H1 COS is approved.
5. Is location within same MSA?

This is my opinion not legal advice.

Thanks for the input. Reply to your 5th point, nope I don't think so. What are the impacts?

My concerns are majorly around any emergencies such as I or wife is out of status and would have to rush back to India for stamping and activation.
1. What if I apply for COS and they approve it again with counselor processing? Am I out of status? Do I have to rush back to convert to H1B?
2. I have read COS denied. What happens in that case? Again, do I loose status?
3. We have tried COS L2-H1B for wife this year, if I do this COS and then either denied / approved for counselor she would have to travel with me to get stamping. Is there a procedure to again file a COS to H4-H1B, utilizing the petition if approved?

[raghvi]

Thanks for the input. Reply to your 5th point, nope I don't think so. What are the impacts?

My concerns are majorly around any emergencies such as I or wife is out of status and would have to rush back to India for stamping and activation.
1. What if I apply for COS and they approve it again with counselor processing? Am I out of status? Do I have to rush back to convert to H1B?
2. I have read COS denied. What happens in that case? Again, do I loose status?
3. We have tried COS L2-H1B for wife this year, if I do this COS and then either denied / approved for counselor she would have to travel with me to get stamping. Is there a procedure to again file a COS to H4-H1B, utilizing the petition if approved?

1. You can continue to remain in L1 status as long as L1 petition and I-94 are valid.
2. Same as above.
3. Didnt understand the question.

This is my opinion not legal advice.