L1B to H1B after approval

[ravikumar123]

Hi

I am working in L1B for the past 2.years, in the same company i applied for H1B last year. But once I applied in couple of months i took new role as a consultant in the same company. My H1B got approved. When they try to file COS they found my current position not matching for H1B so they are telling that they don't apply for COS rather they will extend L1B.

So if they extend my L1B which needs to be extended in 6 month, will my H1B get cancelled?

Can I continue in L1B and once i find another position in my current company which supports H1B can do COS?

Is there chances where consulate don't approve my L1B extension petition bec i recently got H1B?

I know the best solution is to change my employer who ever ready to file COS, if that is the path I have to take before when I should find a new job?

Thanks

[shervin143]

So if they extend my L1B which needs to be extended in 6 month, will my H1B get cancelled?
>>> Nope. The CAP on your H1B will be valid even after the petition expires or if revoked by the employer. The same employer can extend or you can find a new employer to transfer.

Can I continue in L1B and once i find another position in my current company which supports H1B can do COS?
>>> Yes. But your current employer can even now file a new H1B petition using the same CAP. The problem is the previous H1B might have been filed for a different position and an amendment to convert your status from L1 to H1B is not possible now. However, they can file a new LCA and file another H1B as a COS from L1.

Is there chances where consulate don't approve my L1B extension petition bec i recently got H1B?
>>> Nope. That is no reason to deny L1.

I know the best solution is to change my employer who ever ready to file COS, if that is the path I have to take before when I should find a new job?
>>> H1B CAP is valid for 6 years. You can file anytime within 6 years from the H1B effective date.

[ravikumar123]

So if they extend my L1B which needs to be extended in 6 month, will my H1B get cancelled?
>>> Nope. The CAP on your H1B will be valid even after the petition expires or if revoked by the employer. The same employer can extend or you can find a new employer to transfer.

Can I continue in L1B and once i find another position in my current company which supports H1B can do COS?
>>> Yes. But your current employer can even now file a new H1B petition using the same CAP. The problem is the previous H1B might have been filed for a different position and an amendment to convert your status from L1 to H1B is not possible now. However, they can file a new LCA and file another H1B as a COS from L1.

Is there chances where consulate don't approve my L1B extension petition bec i recently got H1B?
>>> Nope. That is no reason to deny L1.

I know the best solution is to change my employer who ever ready to file COS, if that is the path I have to take before when I should find a new job?
>>> H1B CAP is valid for 6 years. You can file anytime within 6 years from the H1B effective date.

Thanks for delayed information. Just I got an email from my company's attorney. He says that My H1B backup petition approval will be cancelled if I renew my L1B Visa/extend my L1B visa status. However my H1B petition approval will remain dormant in my company's record - What he says is confusing when he say it will cancelled will consulate cancel it or my employer inform consulate to cancel their previous petition? As you said in both the case I should not be having problem in switching job, just double checking.

My 1-94 is valid until 2018 because in March 2015 I visited my home. In that case can I remain not extending my L1 status and try for another employer who can give me H1B status?