Change of status from L1B to H1B

[Rockprat]

Hi,
I currently have a B1 and L1B Visa. I entered US on a business visit, however at the port of entry i have been given I-94 with L1 status valid till 2015.

(a) Is there any complication with this as i will not be having any payroll in US? Will L1 status work fine for my Business visits as well?

(b) While i am in US i have got a company who is ready to sponsor H1B and transfer from L1B to H1B. Is that possible for changing the status from L1 to H1 without having my payroll in US? I only have got the I-94 at the moment.

Kindly advice!

[shervin143]

(a) Is there any complication with this as i will not be having any payroll in US? Will L1 status work fine for my Business visits as well?
>>> This is a problem. This is why you should check your I-94 before you leave the POE. Go to the same POE and try to get this corrected. Otherwise you will be ocnsidered to be out of status on L1 and it will cause issues later since you will not have any payslip in U.S.

(b) While i am in US i have got a company who is ready to sponsor H1B and transfer from L1B to H1B. Is that possible for changing the status from L1 to H1 without having my payroll in US? I only have got the I-94 at the moment.
>>> You need proper payslisp (If at all yor were in L1 status) to file a COS from L1 to H1B. It is not advsiable to file a COS from B1/B2 to H1B. Let the company file your H1B for Consular process. When the petition gets approved, get the H1B visa stamped and re-enter U.S to work for the H1B sponsor.

[Rockprat]

Thank you Shervin. Regarding "(a) Is there any complication with this as i will not be having any payroll in US? Will L1 status work fine for my Business visits as well?
>>> This is a problem. This is why you should check your I-94 before you leave the POE. Go to the same POE and try to get this corrected. Otherwise you will be ocnsidered to be out of status on L1 and it will cause issues later since you will not have any payslip in U.S."
I checked with my company's attorney. They updated me that this status also works fine for business visit. It seems like my B1 is not valid anymore after i got my L1? I am confused.

[shervin143]

The attorney doesn't seem to know what he/she is talking about. Getting an I-94 associated to L1 will put you in L1 status and you need to get paid in U.S and have proper pay slips to maintain the L1 status. BUt then, you need avalid L1 petition to be legally in L1 status. Your best bet is to get the I-94 fixed. Consult a good immigration attorney. It is you who will face issues later (future petitions, future H1B stamping etc) for being out of status, not the company, not the attorney.

[Rockprat]

I see what you are saying, Thank you