L1 to H1 - newbie doubts.

[Ganehvittal]

I have been in US for the last 2.8 years on L1B. My visa is already expired and I have I94 valid till Feb 2015. I am planning to do L1 to H1 transfer. I have the following questions.

1) If I get H1 visa, can I legally work for my current employer until Oct 1st 2013?
2) Can I legally stay in US until the H1 visa is in effect?
3) When I go back to India for stamping, do you see any obvious risks of my visa getting rejected?
4) Do you see anything illegal with my current situation?

Thanks a lot.

[kabkaba]

I have been in US for the last 2.8 years on L1B. My visa is already expired and I have I94 valid till Feb 2015. I am planning to do L1 to H1 transfer. I have the following questions.

1) If I get H1 visa, can I legally work for my current employer until Oct 1st 2013?
--Yes
2) Can I legally stay in US until the H1 visa is in effect?
--Yes
3) When I go back to India for stamping, do you see any obvious risks of my visa getting rejected?
--No
4) Do you see anything illegal with my current situation?
--No
Thanks a lot.

See above.

[Ganehvittal]

See above.

Thank you

[raghvi]

I agree with kabkaba. Few things to take care though:

1. The L1 to H1 has to be applied as COS. If your H1 employer applies L1 to h1 as consular processing you can work on H1 only after getting H1 stamped abroad (out of US).
2. If L1 to H1 is applied as COS , once the H1 is approved, you should work only with the H1 employer from H1 petition start date, any employment with L1 employer after H1 has become active will be termed as illegal.
3. Once H1 becomes active you should work and get paid as per LCA with H1 employer, if you are not getting paid then you will be out of status.

This is my opinion not legal advice.