L1 to H1 using COS

[anitlaks4]

Hi,

My friend works for Company A in L1 which expires in May 2011.She's currently in US on L1. However due to recent market situations she's likely to loose her job by end Feb 2009 from Company A. Company B however i ready to sponsor for her H1 but would like her to join from March 2009. The VISA she's holding are only valid L1 and B1 and expired H1 [expired early 2007].

Pl advise on the options left for her without going back to her home country [outside USA]. She needs to stay here for her family reasons.

Appreciate your help and advise - pl consider this as urgent.

Thank you.

[txh1b]

Visa is just for entry. If she has an approved H1b in the past, any period left on a total of 6 years between L1 and H1b can be used by a new company. They have to apply for a COS before she loses L1 status. She has to wait till COS gets approved to begin work on H1b.

[anitlaks4]

L1 to H1 using COS

Thanks very much for the quick reply.

Upon checking with the processing time from USCIS website i find that there are two categories

I-129 --> "H-1B - Specialty occupation - Change of status in the U.S." &
I-539 --> "Change of status to H or L dependents"
Which of the above will be applicable for her.

Also there was a typo in my prev mail her H1 expired in 2001.

Pl advise.

Thank you once again for the service rendered.

[txh1b]

Follow the link to FAQ and read about remainder option. It would be I129 and employer/attorney has to do it. The employee cannot.