L1 to H1 Status Change

[pk1245]

Hi, I am came to US on L1B and in last October 2013 my i-94 was expired and the company A that i work for applied for L1A change of status and it is in Initial review, now i am planning to apply for H1B in this year quota through an IT consultancy.

1) Can I apply for H1B while my L1A change of status is still in process ?
2) If my L1A change of status is rejected, can i stay in US with out working till my H1B is approved if my H1B petition is picked up in lottery?
3) What if I don't get a reply on my L1A change of status with in 240 days which will end in june, can i stay in US with out working till my H1B is approved if my H1B petition is picked up in lottery?

Thanks in advance
Pk1245

[raghvi]

Hi, I am came to US on L1B and in last October 2013 my i-94 was expired and the company A that i work for applied for L1A change of status and it is in Initial review, now i am planning to apply for H1B in this year quota through an IT consultancy.

1) Can I apply for H1B while my L1A change of status is still in process ?
2) If my L1A change of status is rejected, can i stay in US with out working till my H1B is approved if my H1B petition is picked up in lottery?
3) What if I don't get a reply on my L1A change of status with in 240 days which will end in june, can i stay in US with out working till my H1B is approved if my H1B petition is picked up in lottery?

Thanks in advance
Pk1245

1. Yes.
2. No you cannot because your I-94 has expired.
3. You would have to stop working and leave US if the dont get reply within 240 days. You cannot stay till H1 approval because your I-94 has already expired.

The only way to continuously stay is to get L1A Status approved.

This is my opinion not legal advice.