L1 to H1B

[kganesh]

Hi

I am on L1 Visa in US now and looking to applying for H1. I have a friend and his employer is ready to sponser for my H1. But before I say yes or no I have few Questions

1. Is the 2011 quota still available
2. In case I apply for H1 should I travel back to India for stamping or is the COS still works (Some one said rules have got changed and COS from L1 to H1 requires restamping)

Thanks
Ganesh

[Subramanya]

I am on L1 Visa in US now and looking to applying for H1. I have a friend and his employer is ready to sponser for my H1. But before I say yes or no I have few Questions

1. Is the 2011 quota still available

---- Yes, the quota is till opne and anyone can apply. Unless there is a press release by USCIS about its closure it will remain open

2. In case I apply for H1 should I travel back to India for stamping or is the COS still works (Some one said rules have got changed and COS from L1 to H1 requires restamping)

---- As fas as I am aware of there is no need to go for a visa stamping as long as the COS comes with a valid I-94 to enable you to stay in the US.

---- You nmay consult an experienced and knowlwdgeable attorney on immigation matters to confirm this observation

Subramanya

[kganesh]

Thanks for the response

In case I apply for a COS from L1 to H1,

Can I still continue on on L1 with my current employer in case of any RFE's or Rejections

[shervin143]

Yes. Unless the COS gets approved, you cannot work for the H1B employer. When the COS gets approved, you have to immediately join the H1B employer. Any employment with the L1 employer after the effective date of COS will be treated as illegal employment.

Thanks for the response

In case I apply for a COS from L1 to H1,

Can I still continue on on L1 with my current employer in case of any RFE's or Rejections