Reg L1B to H1B Change of status.

[premanand2008]

Hi,
I see this website is really helpful in resolving the immigration related questions.
I have a question regarding L1 to H1 COS. Currently i am working with company A in L1B visa. My L1 visa is already expired by 01-july-2011 and i have I-94 valid till 14-June-2014, So currently i am staying in I-94.
1)Can i Apply L1 to H1 change of status through my employer A now?
2)Consider I have filed COS and the petition is still pending with USCIS. In this situation, If i go back to india does COS petition is still valid or will it be rejectd?
3)If my COS is approved and i am in US during the time of approval, Do i need to go back to india and get the visa stamped or can i continue work without getting H1 stamped?

Quick response is highly apprciated.

Thanks,
Prem

[shervin143]

1)Can i Apply L1 to H1 change of status through my employer A now?
>>> Yes.

2)Consider I have filed COS and the petition is still pending with USCIS. In this situation, If i go back to india does COS petition is still valid or will it be rejected?
>>> It is never advisable to travel outside U.S when a COS is pending with USCIS. The COS might get denied. If approved, you will face issues with multiple I-94s.

3)If my COS is approved and i am in US during the time of approval, Do i need to go back to india and get the visa stamped or can i continue work without getting H1 stamped?
>>> Once the COS gets approved, you can start working in H1B status. That is why it is called as change of status. The H1B approval will come with a new I-94. Visa is only an entry document to U.S. You need to get the H1B visa stamped re-enter U.S whenever you go out of the country.

[premanand2008]

Thanks for your reply. its very helpful..
I want to know how many H1 visas are available for this year? Does change of status comes under the 65,000 count?

[shervin143]

I want to know how many H1 visas are available for this year?
>>> Check the uscis.gov website for the latest information on the CAP count.

Does change of status comes under the 65,000 count?
>>> Yes, unless you have a old H1B petition in which you haven't used all 6 years (H1B + L1 combined) and you ask the employer to file the the H1B under that CAP instead of a fresh one.