Move from L1B to H1B

[raoh]

Hi,

I am currently on L1B visa. My visa and I-94 will expire in Jun-2014 as i willl be completing 5 years by then.

If i want to apply for L1B to H1B COS with the current employer:
1a) can the COS application be made immediately or should i wait until new H1 quota starts in April 2014?
2b) If the application is approved before the I-94 expiry in June-2014, am i eligible to stay till Oct-2014 until i can start on the H1B?

2) If i apply for a new H1B thru a different employer and it is approved by June, am i legal to stay from June-2014(expiry of current I-94) until Oct -2014 based on the H1B approval/receipt?

Please Suggest

Thanks

[raoh]

Hello All,

Could any body please suggest on the below situations?

Regards

[raghvi]

Hello All,

Could any body please suggest on the below situations?

Regards

1. If you never had H1 in last 6 Years then you will need to file a fresh H1 in April 2014. And that H1 start can only be 01-Oct-2014 or later.
2. No you cannot stay beyond 5 Years L1 and I-94 expiry merely by filing H1.

Are you completing your full 5 Years physical presence in US on L1 in Jun 2014?

This is my opinion not legal advice.