L1 -->H1

[visa_2014]

1. I am currently on my sixth year of L1A and my seven years are completing in May, 2021.
2. My current L1 visa expires by end of Jan, 2020.
3. I-140 is in approved status.
4. Also, I have an approved H1B which i never used and is expiring in February 2020. (to ensure I can stay beyond 7 years in USA)

Question is - Can I just extend my L1-A till May, 2021 and after that move to H1B?
Is it possible to file an extension on a H1B visa which was not used at all and eventually used after an year of Approval end date?

[Libra_14]

Can I just extend my L1-A till May, 2021 and after that move to H1B?

Certainly yes.

Is it possible to file an extension on a H1B visa which was not used at all and eventually used after an year of Approval end date?

Why don't you switch to H1 right now, instead of filing L1 extension & apply for H1 extension based on your I140 approval?

[visa_2014]

My original query: Is it possible to file an extension on a H1B visa which was not used at all and eventually used after an year of Approval end date?

First response: Certainly yes.

Follow up: Here the challenge is that my H1B expires in February, 2020. Would i be able to use this H1B to continue my stay in USA after 7 years of L1A (As i mentioned, my I-140 is approved)

Here my worry is petition expired in March, 2020, can that be used to get moved to H1B visa status next year?

[Libra_14]

Here the challenge is that my H1B expires in February, 2020. Would i be able to use this H1B to continue my stay in USA after 7 years of L1A (As i mentioned, my I-140 is approved)

Here my worry is petition expired in March, 2020, can that be used to get moved to H1B visa status next year?

File to COS right now to move from L1 to H1 right now & then file for H1 extension before Feb, 2020. Hope this makes sense.

[visa_2014]

Your response: File to COS right now to move from L1 to H1 right now & then file for H1 extension before Feb, 2020. Hope this makes sense.

My question: yes, it make sense to move to H1B. But my question is - would i be able to use my H1B in year 2021 when it is expiring this year?

[Libra_14]

Would i be able to use my H1B in year 2021 when it is expiring this year?

Yes, because you'll be filing for extension before Feb 2020.

[visa_2014]

So, In order to get on H1B, I got to use it now or never? Does this statement make sense.

[visa_2014]

One last question - Does it totally make sense to get the H1B extended (meaning moving from L1 to H1B) before H1B expires? I am worried that if we continue on L1 and dont extend H1B petition before expiration, I might end up loosing it.

[Libra_14]

So, In order to get on H1B, I got to use it now or never? Does this statement make sense.

Yes.

[Libra_14]

One last question - Does it totally make sense to get the H1B extended (meaning moving from L1 to H1B) before H1B expires? I am worried that if we continue on L1 and dont extend H1B petition before expiration, I might end up loosing it.

Correct

[visa_2014]

Thank you for the response. I had the same feeling and this feedback helps...

[visa_2014]

I believe my last follow up would be - Would changing status from L1 to H1 always lead to me leaving to US and get my visa status chnaged outside US which can also lead to administrative processing?

Another follow up - My L1 expires by end of the month and H1B expires in February. Attorney is planning to file a COS from L1 to H1. My question is - Am I authorized to work during change of status from L1 to H1?

For example COS is filed this week and its not approved before L1 expires. Would I be out of status then? Because once COS is approved, then the next step is extension.

[Libra_14]

I believe my last follow up would be - Would changing status from L1 to H1 always lead to me leaving to US and get my visa status chnaged outside US which can also lead to administrative processing?

No, you can change your status from L1 to H1 without leaving USA & without needing to get a new visa stamped within USA. If you need to leave USA for any reason, then you'll need to get a new H1 visa stampled in your passport.

Another follow up - My L1 expires by end of the month and H1B expires in February. Attorney is planning to file a COS from L1 to H1. My question is - Am I authorized to work during change of status from L1 to H1?

Yes, in anticipation of favorable response for your change of status application. But if you get a negative response, you'll need to leave the country almost immediately.

For example COS is filed this week and its not approved before L1 expires. Would I be out of status then? Because once COS is approved, then the next step is extension.

No, its pending change of status.

[visa_2014]

Libra_14 Thanks for responding on my questions. However, one thing is still unclear.

My question: For example COS is filed this week and its not approved before L1 expires. Would I be out of status then? Because once COS is approved, then the next step is extension.

Your response: No, its pending change of status.

Follow up question: My visa status is "Pending Change of Status" but am I authorize to work then during this period ?

In this case, my L1 expires in 8 days (Jan, 31, 2020) and Change of status for L1 to H1B is filled this week i.e. 01/23/2020.
Would I be eligible to work in US after Jan, 31. 2020 as my Change of status is pending?

Bottom line is - Am I authorize to work when COS is under processing as my current underlying visa (L1 will be expired in Feb) but H1B (the new status after COS approval) is not expired

And finally when H1B status is attained, then we can do the H1B Extension.

[Libra_14]

My visa status is "Pending Change of Status" but am I authorize to work then during this period ?

In this case, my L1 expires in 8 days (Jan, 31, 2020) and Change of status for L1 to H1B is filled this week i.e. 01/23/2020. Would I be eligible to work in US after Jan, 31. 2020 as my Change of status is pending?

Yes. You can continue to work.

Bottom line is - Am I authorize to work when COS is under processing as my current underlying visa (L1 will be expired in Feb) but H1B (the new status after COS approval) is not expired

And finally when H1B status is attained, then we can do the H1B Extension.[/I]

Yes, H1B extension you can unlimited times, since your I140 is already approved.