L1 to H1 Question

[hhpp]

Hi

An US company 'A' had filed for an H1B petition for me in April 2006, my I797 was approved and I appeared for an interview for my H1 visa in UK since I was working with Company 'B' and was on an assignment in UK for whole of 2006 until August 2007. I was handed over a 221 (g) form and my original I797 was not returned back to me, upon follow-up with the counsulate & via USICS website, I am informed that my visa application is on 'Hold' and the same is the status even today.

Meanwhile I am still working with Company 'B' who filed for an 'L1B' visa in Dec. 2007 (Valid until Dec. 2010) and I travelled to US in August 2008. Now company 'A' has contacted me and is offering me a very good opportunity and told me to submit the following documents last 3 months salary slips, SSN photo copy, L1 petetion documents, photocopy of my earlier I797, H1B labour approval documents etc. to make a L1B transferred to a H1B.

My question is:
1. Can my status change from L1B to H1B.
2. Would I have to leave US to get a re-stamping done, since I am told by company 'A' that with a valid I797, I can continue to work in US and only when I return back to India and want to re-enter US, I will have to get the H1 stamping done from India.
3. Doesn't such cases fall under any quoto restriction?

Kindly help.

P

[MN7]

Sailing similar boats

Hi ,
I had a similar 'strange' situation. I had H1 Petition Approved on 2007; but got a 221(g) in Oct 2007. Then, I got my L1 Approved and Visa granted in Nov 2007. Last month (Oct 2008, after been in USA from Nov 07) I filed for COS from L1 to H1 via my prospective employer. Right now, I've been offered H1 COS with begin date Nov 08. From my understanding of other conversations in this forum, here are the answers
1. YES - L1 to H1 COS can be filed. Your employer/attorney needs to file an amended I129 (I think).
2. YES again. Your work begin date will be on the COS Approval sent by USCIS to your employer/attorney. You 'must' begin work on that date (but, generally it is okay to join after a month).
3. NO. Since you were under the Quota for the period in which your H1 Petition was Approved - it does not make sense to 'again' place the Approved H1 Petition under another quota.
However, if your employer/attorney is trying to file for a fresh H1 Petition - then 'YES' a L1 to H1 COS on a new H1 Petition (Pending Approval) will be under the quota. You should check with the employer/attorney, whether they are planning to change your previous H1 (which had a 221g) or going in for a new one. Common-sense suggests that they are planning to use the previous H1 Approved Petition since (a) the 221g has lost its validity and (b) you are already in the US and (c) you say they requested your L1 Documents.
To me it seems you're good to go.
Rgds,
MN

[hhpp]

L1 to H1 (COS)

Hi

Thanks for the response, but there is no need to travel back to India and get H1 stamping done correct ? I can continue working on from the date my COS arrives from USICS and the validity of the H1 would be another 6 yeares i.e. 2008 until 2011 and another 3 years extn. ?

How much time it took for the COS to happen ? i.e. modified I129 to be approved/arrive after submission of the case.

Regards

P

Hi ,
I had a similar 'strange' situation. I had H1 Petition Approved on 2007; but got a 221(g) in Oct 2007. Then, I got my L1 Approved and Visa granted in Nov 2007. Last month (Oct 2008, after been in USA from Nov 07) I filed for COS from L1 to H1 via my prospective employer. Right now, I've been offered H1 COS with begin date Nov 08. From my understanding of other conversations in this forum, here are the answers
1. YES - L1 to H1 COS can be filed. Your employer/attorney needs to file an amended I129 (I think).
2. YES again. Your work begin date will be on the COS Approval sent by USCIS to your employer/attorney. You 'must' begin work on that date (but, generally it is okay to join after a month).
3. NO. Since you were under the Quota for the period in which your H1 Petition was Approved - it does not make sense to 'again' place the Approved H1 Petition under another quota.
However, if your employer/attorney is trying to file for a fresh H1 Petition - then 'YES' a L1 to H1 COS on a new H1 Petition (Pending Approval) will be under the quota. You should check with the employer/attorney, whether they are planning to change your previous H1 (which had a 221g) or going in for a new one. Common-sense suggests that they are planning to use the previous H1 Approved Petition since (a) the 221g has lost its validity and (b) you are already in the US and (c) you say they requested your L1 Documents.
To me it seems you're good to go.
Rgds,
MN

[MN7]

No travel outside US is required; one needn't have H1 stamped on the Visa to be working on the H1 status when COS is Approved.
After filing of I-129 to Amend the H1 it should take 15 days for response from USCIS if filed as a Premium Processing case. Otherwise (under normal processing) I think it takes a month or more (Mine was a premium and hence I am unsure about normal processing).
Visa validity will be provided on the I 797 A issued from USCIS after COS Approval. Extension is not something I had thought about; but I believe the 6 year count will begin from the day one enters the US and not from the day one starts working on H1. So, in my case since I got in as L1 on Nov '07, the 6 years will be counted from that time.
Hope that answers all the questions - these are what I learnt/gathered from my personal experience and it might not be correct. If you find any info provided is invalid, please also let me know.