Convert L1 to H1

[gkaur]

Hi,

I am currently on L1 visa which expires Aug 2013. I will file for H1 this year (no change in employer), however I wish to transfer from L1 to H1 only in Aug 2013 since my spouse is working on L2, I want to be on L1 as long as I can. Can i do that while staying in US. I do not wish to go back to India for getting H1 stamped. Any help will be appreciated

Thanks

[kabkaba]

The H1 petition can be filed without change of status and later amended for change of status.

[gkaur]

Thanks Kabkaba. Does that mean that if my H1 petition is approved this year(I understand this will need to be CP, can you confirm), we can still file for amendment of status next year.

[kabkaba]

It can technically be done. But that is not recommended. Whenever you decide to change status to H1, you should leave the US, obtain H1 Visa and return in H1 status.

[gkaur]

Thanks Kabkaba. When you say its not recommended do you think it will be risky?I cannot wait to file H1 till next year as my visa expires in Aug 2013 and next year H1 will start only Oct 1 2013. The only reason I will switch from L to H next year is because L1 extension approval rate is very low these days.

[kabkaba]

That's fine. H1 petition can be filed without change of status this April and whenever you want status to change to H1, you can simply leave the US, obtain H1 Visa and return. What is not recommended is the amendment to change status, although some people do it. Filing the petition without COS is fine.

[gkaur]

Thanks so much Kabkaba for answering my questions. If I leave US and get H1 stamped back in India. What happens to my spouse's status. He will be in US on L2. How and when will he transfer to H4? Will he be out of status once my H1 gets stamped in India?

[raghvi]

Convert L1 to H1

Your spouse would have to leave along with you and get converted to H4. When L1 converts to H1 their dependents on L2 automatically lose their L2 status and have to convert to H4 along with the L1 to H1 conversion other wise they will be out of status. This is my opnion, do consult experts too.

[kabkaba]

The above is correct.

[thirustm]

L1 + H1 Validity

Hi

I was in US with L1 B for 3.5 years from jan 2008 to May 2011. I came down for extension and it didnt get it approved.

My client company is going to file H1 directly for me this year. I just want to know how long my H1 will get approved.

I was not in US for last 9 months and my Oct 2012 this year it will be more than an yr around 16 months.. I heard from others that H1 validity period will include my L1 period also. Will this break of 16 months in India has any impact on my validity.

Please help me in this.

[kabkaba]

Only the time you actually spent in the US in L1 or H1 status will count towards the 6 year limit. Provide your prospective employer with all your dates of arrival and departure and their attorney will properly calculate the duration.