H1B Approved with consular processing

[rahul04joshi]

Hi,

Currently I am in US with L1B visa. Please find below my details.
L1B expired (first 3 years): June 2014
I-94 Expired : May 2015
L1B Extn filed: Apr 2015
Current status : L1B Extn
My employer also filled new H1B in April 2015 and it is picked up in Lottery 2015. I have I-797C which says the petition has been approved.

Question: My Employer is saying that my H1B is approved in consular processing and hence i have to go back to India and re-enter US after Visa stamping. Due to some personal problem I don't want to go right now. Is there any process through which my status is automatically converted from L1B to H1B on 01-OCT-2015 while i am still here in US?

IS there any process through we can file "change of status" in consular processing (from L1B to H1B)?

Thanks

[raghvi]

Hi,

Currently I am in US with L1B visa. Please find below my details.
L1B expired (first 3 years): June 2014
I-94 Expired : May 2015
L1B Extn filed: Apr 2015
Current status : L1B Extn
My employer also filled new H1B in April 2015 and it is picked up in Lottery 2015. I have I-797C which says the petition has been approved.

Question: My Employer is saying that my H1B is approved in consular processing and hence i have to go back to India and re-enter US after Visa stamping. Due to some personal problem I don't want to go right now. Is there any process through which my status is automatically converted from L1B to H1B on 01-OCT-2015 while i am still here in US?

IS there any process through we can file "change of status" in consular processing (from L1B to H1B)?

Thanks

Is your L1 ext approved? If yes, your employer can potentially request for a COS. Of course, it depends if USCIS approves it or not.

This is my opinion not legal advice.

[rahul04joshi]

Is your L1 ext approved? If yes, your employer can potentially request for a COS. Of course, it depends if USCIS approves it or not.

This is my opinion not legal advice.

Hi,

Thank you for the reply. My L1B extn is still in process. I have got RFE on L1B extn which i have to answer before 19-OCT-2015. And my new H1B petition will be effective from 01-OCT-2015.

Thanks

[raghvi]

Hi,

Thank you for the reply. My L1B extn is still in process. I have got RFE on L1B extn which i have to answer before 19-OCT-2015. And my new H1B petition will be effective from 01-OCT-2015.

Thanks

Well this is the reason for the H1 to be approved as consular process. For you to move to H1 status on 01-Oct-2015 you need to be in a valid status on 30-Sep-2015. Technically you are not in valid status currently as your L1 Extension is still pending, a pending L1 extension does not grant you valid status.

You have two options to move to H1, one, get L1 extension approved and then ask employer to file L1 to H1 COS or, option two, as suggested by the employer , leave US , go for H1 stamping and return.

If you want to expedite the L1 decision, upgrade to premium the L1 Extension request. Also, remember if L1 extension is rejected you would be deemed out of status from your L1 I-94 expiry date onwards.

This is my opinion not legal advice.

[kabkaba]

After L1B extension gets approved, your employer can file an amendment to the H1B petition to request COS. Otherwise, you will have to leave the US and return with H1B Visa to work in H1B status.

[rahul04joshi]

After L1B extension gets approved, your employer can file an amendment to the H1B petition to request COS. Otherwise, you will have to leave the US and return with H1B Visa to work in H1B status.

Hi All

Thank you for the reply. It was really helpful.

Thanks