L1 to H1B COS and request for delayed approval

[Indijoe]

Hi All,

I am an Indian, currently on L1 (I94 valid till Jun09) with Company A and also have an H1 in "pending approval" status as of today with Company B. Once approved, I am assuming that my L1 status would automatically be changed to H1 starting Oct 08 (since I applied for COS).

I am currently carrying and would be unable to report to work in October. I will be on Maternity leave from Company A till Jan09. I will be able to start working for Company B starting Feb

I need to retain my L1 status till January. What is the best way to delay my H1 change of status till January, at the same time not be out of status between October and January?

Any help/suggestions would be appreciated.

Thanks,
Indy

[txh1b]

Travel to Canada in Sep and come back after Oct 1st. Ask the CBP for a new I-94 on L1 status. That is the only way.

[Indijoe]

Thanks. That was one of our options. But travel in October was something we wanted to avoid since it would be very close to my delivery dates.

Do I have any other options? For e.g., can I file a COS from H1 to L2 after my H1 approval comes through?

Thanks,
Indijoe

[txh1b]

You can apply for a COS to L2 before the H1b kicks in and remain on L2 pending status "period of authorized stay". The L2 petition, after approval puts you in valid L2 status.

I assumed from your post that you wanted to maintain L1 status.

[Indijoe]

The objective of filing L2 is mainly in order to delay my H1 from going active in Oct. (but also, I am working till Sep on L1 so cannot get my L2 immediately)

If I file for a COS to L2 after H1 approval comes through, then would it help to prevent my H1 from being active in Oct?

If yes,then should I file a COS from L1 --> L2 or from H1 B (Valid I94 fom October 1st) --> L2?

If I file from H1B to L2 before October and gets approved, would my L2 begin immediately or only when my H1 I94 goes active?

Please help me out.

Thanks,
Vidya

[txh1b]

Look up last action rule. That should clarify things for all scenarios.