L1/H1 to Green Card

[abhi035]

I want my employer to file for Green Card for me. I have approved L1 Extn and H1 (2012 quota). I am not sure on which visa should I apply for Green Card. Presently I am in US on L1 Visa.

Below is my current visa situation:

1. L1-B Visa : Extn (I-94 Extn) valid till Dec 2013. Stamped L1 visa on passport is expired in Dec 2011.
2. H1 Visa : H1 application approved in 2012. so I can change my status from L1 to H1.

Questions:

1. Do I have to exit US to transfer my status from L1 to H1?
2. On which visa I should go for Green Card?


Thanks you for your help.

[onewtonb]

1. Do you know whether your H1 was a new independent petition or a COS from L1? If COS, your status will change to H1 automatically on the effective in the approval notice. If it was a new independent petition, your status will not change to H1. To change your status to H1, you should go out of US, get H1 stamped and reenter on H1 visa.
(Look at your H1 approval notice, if it has an I94 attached in the bottom, it looks like a COS petition, you should confirm with your employer.)
2. GC is for future employment, it really doesn't matter which visa you currently have.

[abhi035]

1. Do you know whether your H1 was a new independent petition or a COS from L1? If COS, your status will change to H1 automatically on the effective in the approval notice. If it was a new independent petition, your status will not change to H1. To change your status to H1, you should go out of US, get H1 stamped and reenter on H1 visa.
(Look at your H1 approval notice, if it has an I94 attached in the bottom, it looks like a COS petition, you should confirm with your employer.)
2. GC is for future employment, it really doesn't matter which visa you currently have.

Thank you onewtonb for your reply.

1. H1B Application was file for consular processing. I don't know what does it mean. But as per approval notice, I have to exit US and re-enter again with Visa stamped to change my status to H1. I-94 is not attached with the approval notice.

2. As per your reply Visa does not matter for GC. Below is my visa situation. I am not sure should I go for GC without converting to H1 or not?

My L1 is valid till Dec 2013 and it can extend further for another 7-8 months (to complete total 5 years in US) as I was not in US for this period and as per petition. H1 approval is till Sep 2015.