L1B to H1B after L1B expiry

[sudheer_kvn]

I am going to complete 5 years on L1B in Aug, 2009. As I can't stay more than 5 years on L1B, I am planning to apply for H1B in this march to stay additional one year. My questions are -

1. Can I change to H1B after my L1B tenure of 5 years? Would there be any implications?
2. As my 5 years are going to complete in Aug 2009 and can I stay in US until I get my H1B approval in October?
3. After getting H1B in October, can I apply for GC immediately?

My company might also apply for L1A in March to keep me here for another two years but I am in confusion to go for L1A or H1B. Please advice me and appreciate your help.

[txh1b]

1. Depends. You should have L1 time left from the 5 years at the time H1b kicks in i.e Oct 1st. If so, you can continue to remain and work on H1b.
2. One is allowed to remain on a pending petition. However, as you will have a status gap between L1 and H1 start date, you should leave as H1b cannot be an extension of stay due to this gap. You will not get an attached I-94 with the H1b.
3. Your employer can apply for GC now. They need not wait for H1b. In reality, your labor should be pending or applied for 1 year or more to get H1b extension past your 6th year.

If you meet L1A requirements and they can sponsor a GC, that is a quicker approach. talk to your attorney.