L1A to H1B transfer, few questions. Please suggest

[mathewrond]

Q. I am in L1A visa and Company X is willing to sponsor my H1B visa. Can I apply for H1B visa?

Q. What happens to my L1A visa if I dont get through H1B lottery?

Q. Would there be a lottery in first place if I am already in US?

Q. What happens to my L1A visa if I am rejected for H1B visa? Would there be any issue renewing my L1A?

Q. My L1A expires Oct 30, 2014. If I am approved for H1B and dont apply for L1A extension what is the date until when I can work on L1A? or When should I start working on H1B?

Q. If I am approved for H1B visa and plan to stay back on L1A visa. Will this impact my L1A renewal?

Q. If I am approved for H1B visa and if my current company offers Green card processing if I stay back, will this impact GC application?

Q. I have an approved L1A petition and do not have a stamped L1A visa in my passport. If my H1B is approved and I have to travel to India for vacation, will this impact my L1A visa stamping process since my H1 is also approved?

Thanks,

[raghvi]

Q. I am in L1A visa and Company X is willing to sponsor my H1B visa. Can I apply for H1B visa?

Q. What happens to my L1A visa if I dont get through H1B lottery?

Q. Would there be a lottery in first place if I am already in US?

Q. What happens to my L1A visa if I am rejected for H1B visa? Would there be any issue renewing my L1A?

Q. My L1A expires Oct 30, 2014. If I am approved for H1B and dont apply for L1A extension what is the date until when I can work on L1A? or When should I start working on H1B?

Q. If I am approved for H1B visa and plan to stay back on L1A visa. Will this impact my L1A renewal?

Q. If I am approved for H1B visa and if my current company offers Green card processing if I stay back, will this impact GC application?

Q. I have an approved L1A petition and do not have a stamped L1A visa in my passport. If my H1B is approved and I have to travel to India for vacation, will this impact my L1A visa stamping process since my H1 is also approved?

Thanks,

Till when is your I94 valid, how long have you been in US, on what visas, is H1 being applied as COS or consular process?

[mathewrond]

Till when is your I94 valid, how long have you been in US, on what visas, is H1 being applied as COS or consular process?

My I94 is valid until Oct 30, 2014 and I have been in US since Aug 2012 on L1A visa. This will be my first H1B visa and I am applying as COS.

[raghvi]

How come you dont have a stamped L1 visa in your passport?

[mathewrond]

How come you dont have a stamped L1 visa in your passport?

My L1A visa expired in Oct 2012 and I had a stamp in my passport for this visa. I have put in an extension request and got it approved. Since then I haven't traveled back to India so I do not have a stamped visa in my passport and hold only an approved petition.

[raghvi]

My L1A visa expired in Oct 2012 and I had a stamp in my passport for this visa. I have put in an extension request and got it approved. Since then I haven't traveled back to India so I do not have a stamped visa in my passport and hold only an approved petition.

1. Any company can apply H1.
2. You can continue to be on L1 even if your H1 doesnt succeed.
3. It doesnt matter if you are in US or outside, a lottery is possible if USCIS receives more applications that the cap on the first day/week.
4.your L1a would not be affected. Renewal of L1 a depends upon strength of L1 A application.
5. 6. 7. If your H1 is approved as COS you have to work with H1 employer, and employment with L1 employer post COS to H1 is illegal. If you want. To work with L1 employer, advisable to H1 as consular process.
8. Again , your L1 and H1 are independent. But if you apply as COS , dont join H1 you become out of status.

This is my opinion not legal advice.

[mathewrond]

Thanks for your answers, one more question regarding H4 visa.

Do I need to apply an H4 visa for my wife to continue staying in the US with me after I shift to H1B in Oct? She is currently in India and will be returning back to US in May with a stamped L2 Visa in her passport.

Can I apply for H4 after I get H1 or should it be filed along with my visa application?

[raghvi]

If you are doing a COS to H1 then once she is in US on L2, you can file a L2 to H4 COS based on your L1 to H1 COS pending receipt.
If you are doing a Consular Process to H1 then you can file a L2 to H4 when you do a L1 to H1 COS or when you go out for your own H1 stamping.

This is my opinion not legal advice.