L1 / H1 to F1 and back to H1

[swayamsarangi]

Hi All,
My situation:

1. I have completed 4 years in the US on L1. Currently I am on L1B extension (I-94 only).
2. I am going back to School this fall and will be changing my status on premium mode so that my status changes to F1 by Aug 1st. By that time I would have completed 4.5 years in the USA.
3. My H1B has been filed in premium mode this year. Assuming I get selected in the lottery and H1B gets approved by May 30 , I will get new I-94 effective Oct 1st.
4. My PERM (labour to start with) is being filed by my company (which does not know that I am leaving the company soon) in May / June this year.

My Questions:

1. Assuming I file my COS from L1 to F1 in July will my PERM filing by my company have any negative impact on my change of status request.
2. If I get the H1B approval by May 30. Will I be able to use the same H1B approval in future and convert from OPT to H1B status once I am done with my OPT period after education or will I have to file a new H1B application after OPT period.

Kindly guide.

Sincere Regards

[raghvi]

Hi All,
My situation:

1. I have completed 4 years in the US on L1. Currently I am on L1B extension (I-94 only).
2. I am going back to School this fall and will be changing my status on premium mode so that my status changes to F1 by Aug 1st. By that time I would have completed 4.5 years in the USA.
3. My H1B has been filed in premium mode this year. Assuming I get selected in the lottery and H1B gets approved by May 30 , I will get new I-94 effective Oct 1st.
4. My PERM (labour to start with) is being filed by my company (which does not know that I am leaving the company soon) in May / June this year.

My Questions:

1. Assuming I file my COS from L1 to F1 in July will my PERM filing by my company have any negative impact on my change of status request.
2. If I get the H1B approval by May 30. Will I be able to use the same H1B approval in future and convert from OPT to H1B status once I am done with my OPT period after education or will I have to file a new H1B application after OPT period.

Kindly guide.

Sincere Regards

Is your H1 being processed as a COS or Consular process? If as COS, you would automatically move to H1 from 01-Oct-2014 (if selected in lottery) and must work with H1 employer to maintain status.
1. If you intend to be in F1 status you should have applied H1 as consular process. PERM filing will not affect the COS, but L1 to F1 COS as well as L1 to H1 COS can overlap and may cause issues due to last action rule.
2. If H1 approved, you can use the same H1 but understand L1 + H1 can at max be for 6 Years so you would get only 6 Minus time already spent in H1 status. In order to get fresh 6 Year eligibility H1 one should leave US for 1 Full year and then file fresh H1 petition.

This is my opinion not legal advice.

[swayamsarangi]

Is your H1 being processed as a COS or Consular process? If as COS, you would automatically move to H1 from 01-Oct-2014 (if selected in lottery) and must work with H1 employer to maintain status.
1. If you intend to be in F1 status you should have applied H1 as consular process. PERM filing will not affect the COS, but L1 to F1 COS as well as L1 to H1 COS can overlap and may cause issues due to last action rule.
2. If H1 approved, you can use the same H1 but understand L1 + H1 can at max be for 6 Years so you would get only 6 Minus time already spent in H1 status. In order to get fresh 6 Year eligibility H1 one should leave US for 1 Full year and then file fresh H1 petition.

This is my opinion not legal advice.

Hello Sir,
Thanks a lot for your response. I am aware of point number 2 (max 6 year stay) mentioned by you above.

Regarding the 1st point of yours, I have the following questions:


1. I am not aware if my H1B has been filed in COS or Consular process. If it has been filed in COS process , can I request the filing to be changed to Consular process ?
2. If by chance my company has filed H1B in COS process. I will get approval for H1B by May end (As I have applied in premium) , but by July Mid I will file COS to F1 in premium so the last action would change my status to F1 - Please let me know if I am wrong.
3. I am also ready to travel back to India in July and get F1 visa stamped and come in August (if doing a COS in the US is an issue). Would even in such a case my H1B visa become effective in October 1st (assuming it is approved by May 30) ?
4. Please kindly advise on what other options I have to ensure I get legal admission to the School and maintain legal F1 status in USA from Aug 1st.

Please pardon my ignorance.

Sincere Regards.