L1 B to H1B for Same Employer

[Jeya Uma]

Hi Experts,

Please advise me in the below situation

Currently i am in L1B. my visa and I94 expires on Apr29th 2016. And my employer has filed L1 Extn on March 2016 as well H1B Extn . I think they have filed my H1B with COS. so if H1B approved before my L1 Extn approval, when we will the COS active from L1 to H1B? And if my L1 is rejected/ decision is pending, then what could be the status of my H1B ?

For any of the reasons, if USCIS has approved my H1B petition with Consular Processing and L1 extn is approved, then when i go to india, do i need to get stamped on H1B?

And i have two personal concerns about converting from L1 TO H1B i.e my spouse is working in L2 with EAD. He has to quit the job on Apr 29th since EAD is expired, but applying for EAD extn with my L1B Extn petition. So if i have converted to L1 to H1 , then it will impact him. And will his EAD approved by L1B Extn file?

Once my L1B is apporved, i am planning to travel for my father medical emergency . so do i need to get it stamped on H1B if h1 is approved? or i can take it later and travel back to US wit L1B extn approved

Please help me on this. Any help is really appreciated!!

Thanks
Jeya

[Libra_14]

Currently i am in L1B. my visa and I94 expires on Apr29th 2016. And my employer has filed L1 Extn on March 2016 as well H1B Extn . I think they have filed my H1B with COS. so if H1B approved before my L1 Extn approval, when we will the COS active from L1 to H1B? And if my L1 is rejected/ decision is pending, then what could be the status of my H1B ?

Both applications are treated independently. so if one is rejected, doesn't really necessary that the other one will also be rejected.

For any of the reasons, if USCIS has approved my H1B petition with Consular Processing and L1 extn is approved, then when i go to india, do i need to get stamped on H1B?

Yes, you need to have it stamped, post COS, the L1 extension will not have any value.

And i have two personal concerns about converting from L1 TO H1B i.e my spouse is working in L2 with EAD. He has to quit the job on Apr 29th since EAD is expired, but applying for EAD extn with my L1B Extn petition. So if i have converted to L1 to H1 , then it will impact him. And will his EAD approved by L1B Extn file?

Yes, he can't work on H4 visa.

Once my L1B is apporved, i am planning to travel for my father medical emergency . so do i need to get it stamped on H1B if h1 is approved? or i can take it later and travel back to US wit L1B extn approved

Once the COS is done, you need to have H1 stamped. Otherwise you can travel on your L1B extension.