L1B to H1B, L1B expiring Dec 2,2009

[samsalmanu]

I am currently on an L1B visa which expires on Dec 2,2009. My company has filed for H1B this week. Can I continue to stay in US while the application for H1B visa is in process or would I have to go back on or before Dec 2,2009.

[shervin143]

You cannot continue working on L1B beyond your I-94 expiry (from L1B Visa) since L1B extension is not been filed. Your COS from L1B to H1B need to be approved to start working on H1B. So you will have to leave the country before your I-94 expires to avoid illegal stay.

Ask your employer to speed up the H1B petition by going for the premium process (additional $1000). That way, you will get a result within 15 days. If approved with COS, you can continue your employment without the hassle of going out of the country for the visa stamping.

[samsalmanu]

Can my company apply for L1B extension though my 5 years is up?