Regarding L1 to H1

[vbavisetti]

Hi,
Can someone clarify me on below questions.

1.Currently i have been working on L1B with employer A and it is getting expired in Jan 08
2.I have applied for H1-B this year and it got picked in the random selection
3.However my current employer requested me to apply for L1-B extension. I cannot say no at this point of time.
4.I'm going to start the process of extending my L1 petition.
5.I have plans to go India. Once i get approval for my petition then i 'll go to India for L1B extension stamping sometime in September.
I would like to join the employer B who applied H1 for me after March 09.

Will there be any problem if go for L1 extension to India before October and get the L1 extension and come back to US before october 1st 08 .

I don't want to loose my H1 status.

Could you please guide me what is the better approach to deal this situation.


Thanks in advance
Venkat

[txh1b]

They can file for extension only 6 months before your currrent I-94 expires, not earlier than that.

Has the H1b approved? Was it applied as a COS (Change of status)? If so, your status changes automatically to H1b on Oct 1st and can lo longer work on L1.

To maintain your L1 status, you have to leave before Oct 1st and re-enter US after Oct 1st if the H1b was a COS.


To get back on H1b, either an amendment or visa stamp is needed. Look at the forum for threads on same topic..

[vbavisetti]

Thanks for your response. My H1 got picked in random selection. I'm not sure about what the employer has applied regd COS. I shall verify with him and get back to you. However my L1 is getting expired in mid of Jan 09 and my current employer is sending all the required documents for L1 extension.

Thanks,
Venkat

[txh1b]

Look up "last action rule" on the forum.