L1B to H1B Conversion

[allrounder_311]

Dear Experts,
I came to US on L1 Blanket visa in January 2010. My L1 visa expires on October 13, 2011 and I-94 is valid till October 13, 2011. My employer applied for L1 extension in August 2011 and received RFE on September 30, 2011. The RFE due date is December 06, 2011.

My employer is trying to apply for L to H conversion.

Now, I am having following doubts:

a.) My L1B & I 94 is expiring on 13th October 2011, can the conversion to H1B be filed after my L1B expires?

b.) My wife is working on L2 with EAD, her employer can also file a H1 for her. Would she be able to continue to work until L2 extension petition is pulled out? Based on my H1, we are planning to file one for her.

Please let me know. Thank you so much for your help.

[kabkaba]

Dear Experts,
I came to US on L1 Blanket visa in January 2010. My L1 visa expires on October 13, 2011 and I-94 is valid till October 13, 2011. My employer applied for L1 extension in August 2011 and received RFE on September 30, 2011. The RFE due date is December 06, 2011.

My employer is trying to apply for L to H conversion.

Now, I am having following doubts:

a.) My L1B & I 94 is expiring on 13th October 2011, can the conversion to H1B be filed after my L1B expires?

Yes, but then it will depend on the pending L1 petition as bridge and both will have to be approved with I-94's.

b.) My wife is working on L2 with EAD, her employer can also file a H1 for her. Would she be able to continue to work until L2 extension petition is pulled out? Based on my H1, we are planning to file one for her.

She cannot file L2 extension based on your employer's H1 petition. L2 extension has to be filed before her L2 I-94 expires and it will be based on L1 extension. She can only work until her EAD is valid and as long as your status is L1. She must file for H1 or H4 COS before your status gets changed.

Please let me know. Thank you so much for your help.

See above.

[allrounder_311]

Thanks for Reply

Thanks for Reply.

Now, my employer is gonna file the conversion before my i-94 expires.
What should be better option for my wife (she is already working)?
1) wait for H4 and then convert it to H1
2) File a fresh Hi for her in parallel

[kabkaba]

If job is available, the employer can directly file L2 to H1 before her I-94 expires. If that is not possible before I-94 expiry, she must file I-539 to change to H4.

[allrounder_311]

L2 to H4

Thanks for the response.

I have couple of doubts here:

1) Can my employer file L to H conversion after my i-94 expires
2) Can my wife's employer file L2 to H1 conversion after my i-94 expires (her L2 extension and EAD renewal is also applied)
3) The L1 extension RFE is due by December 16 2011

[kabkaba]

Thanks for the response.

I have couple of doubts here:

1) Can my employer file L to H conversion after my i-94 expires.
No, it must be filed before I-94 expires. If filed after expiry, it will be based on L extension. Which will mean L extension will have to be approved first before H gets approved.
2) Can my wife's employer file L2 to H1 conversion after my i-94 expires (her L2 extension and EAD renewal is also applied)
Yes, but again it will be based on L2 extension.

3) The L1 extension RFE is due by December 16 2011
So? The employer should respond asap.

See above. It is better to do things properly beforE I-94 expires. It gets complicated afterwards.

[allrounder_311]

Visa Conversion

Ok now.

My employer filed my L to h conversion and same with my wife. now in case my H1 is approved and my wife's is not, can I file her H4 that point of time? (the L2 RFE petition would still be there until we process her visa)

[kabkaba]

So if I understand correctly,
Your status L1, I-94 expires Oct 13, L1 extension pending
Your wife's status L2, I-94 expires Oct 13, L2 extension pending (different from L1 extension).

Your change of status L1 to H1 filed before I-94 expires (USCIS receipt date before I-94 date).
Your wife's change of status L2 to H1 filed before I-94 expires (USCIS receipt date before I-94 date).

If your H1 is approved with change of status and your wife's H1 is denied (or approved without change of status), she may not be able to change to any other status. It gets really really complicated here. Only a very very experienced attorney may be able to advise best.

[CluelessIndian]

Question related to this topic

Hi ppl,

I have a question on similar lines, it would be of great help if you can share your valuable suggestions.

I have a L1-B visa which say Company A had applied on my behalf. I worked in USA and came back to India, I later switched to company B because of personal constraints. I am aware that I can't travel to US on this L1B visa for the Company B. But I still have around a year of validity left and I would like to convert this to a H1B visa. My questions are-

1. Is such a conversion possible? Please note that I am not with the company who had filed my L1B visa.

2. If yes, what is the procedure and will this be processed along with the other H1B visas or is it a separate process?

I would be greatly obliged if you can share your inputs.

Thanks,
Manoj

[kabkaba]

There is no such thing as conversion. Another employer can certainly file an H1 petition for you but that is separate from the L1 petition. Also, if you have never had an H1 petition before, you will be subject to annual cap which is closed for this year. So you will have to wait until next year (April-October cycle).