L1 to H1B

[tomganesh]

Hello,

Now I am in L1B and valid until 1st Sep 2009. I have applied H1B and waiting.... If suppose my H1B is approved, then I can work in US from 1st Oct 2009.

Could someone clarify below point?
My question is that how to handle that around one month gap between L1B and H1B.
Is there any way to stay in US between 2nd Sep 2009 and 30th Sep 2009 based on waiting H1B?

Thanks in advance!

[txh1b]

The chances of trying out a possibility could cause you problems. In your best interest, return back on H1b after Oct 1st.

You can apply for COS to B2 but if it gets approved after Oct 1st, the last action rule puts you on B2.

Did your H1b get approved with an attached I-94? I doubt it as you have a gap and in such cases, you must need a CP or try out other convoluted options which could put you out of status.

And is your specialized knowledge "Microsoft Sharepoint"? that has given you a L1 visa? Sad that MOSS is even close to being considered specialized knowledge.

[tomganesh]

Thanks for your reply.

My specialized knowledge is Java and I got L1 for that.

Sorry, what is CP and can you pls let me know other convoluted options?

My situation is:
As I said I am on L1B and applied H1B without my employer(where I am working on L1B) knowledge. So I have valid L1B until 1st Sep 2009. And may be I can get H1B from 1st Oct. Can I apply B2 without my employer knowledge, because they will not file for me without proper reason.

What is the best way to stay in US for that 26 days (2nd Sep 2009 to 30th Sep 2009)? Can I stay in US and say that I am waiting for H1B for that 26 days period.

Hope I have explained my situation, If you are giving answer(s) for above points, that would be very helpful to plan my travel/stay.

Thanks.

[txh1b]

In simple terms, if your H1b is pending an approval past Sep 30th and was applied as a COS, you can continue to remain in US as it is considered "authorized period of stay". But remember, it is not a status and in the event of the H1b denial or a Consular Processing (CP) approval, your stay past Sep 30th would be considered illegal.

Another option if for you to apply for a B2 COS before L1 expires (no assurance that it will be approved), then read about last action rule and bridging on the forum to understand how this works.