L1 is maxing out. COS to F1... Can employer file H1B?

[Informationseeker]

Q1: My L1 is maxing out and in process of COS to F1. Would the number of days between max out date and F1 approval date be counted against the L1?

Q2: While COS to F1 is in a process, can my employer file for H1B? if H1B is picked in the lottery, will it be rejected since COS to F1 is in the process?

Thank you & Appreciate your response!

[raghvi]

Q1: My L1 is maxing out and in process of COS to F1. Would the number of days between max out date and F1 approval date be counted against the L1?

Q2: While COS to F1 is in a process, can my employer file for H1B? if H1B is picked in the lottery, will it be rejected since COS to F1 is in the process?

Thank you & Appreciate your response!

Q1. No.
Q2. Yes. No, the decision on the petition will not be affected but the decision on the COS may be.

This is my opinion not legal advice.

[Informationseeker]

L1 is maxing out. COS to F1... Can employer file H1B?

Thank you Raghvi

Q1. No.
Q2. Yes. No, the decision on the petition will not be affected but the decision on the COS may be.

This is my opinion not legal advice.