L1 to H1 Questions

[dilipkumartr]

I'm on L1-B.My Visa and Petition ends on 20-Jun-2012. I have expired all of my available extension. I would like to change to H1 and continue working in US.

Do I need to go back to India at the end of the above date and wait for a certain period before H1 could be processed ?


If I convert from L1 to H1 in the next few months, how long can I stay in US


I would like to understand the process of converting to H1, the pros/cons involved, please direct me.

[kabkaba]

I assume your I-94 expires on June 2012.
Total period of stay in the US in H1 and L1 status cannot be more than 6 years. If your employer wants you to stay longer than 5 years allowed on L1B, they can file an H1 petition with change of status for you. It can be file at any time the cap remains open, with the H1 start date being max 6 months from the date of filing. If change of status is approved, you can continue in H1 status for duration of approval. Any period outside the US can also be reclaimed to make the total 6 years.
After change of status, whenever you leave the US, you will have to obtain H1 Visa in order to return.

[dilipkumartr]

Thanks for the response.

What conditions be met in order for me to gain the full tenure of stay under H1 ?
Do I need to stay outside of US for 2 yrs ?

[kabkaba]

1 year outside the US.