L1 B to H1

[mogi_85]

I am trying to move from L1 B to H1 status within U.S (same employer).
When the H1 got approved do I need to leave the country and re-enter with H1 B stamped & I 94 or can I stay without H1 stamping until as I wish to go outside US ? Also will there be any chances for H1 rejection, if so whether I would be able to stay in US until my L1 B is valid. Please clarify.

[shervin143]

I am trying to move from L1 B to H1 status within U.S (same employer).
When the H1 got approved do I need to leave the country and re-enter with H1 B stamped & I 94 or can I stay without H1 stamping until as I wish to go outside US ?
>>> It depends on how the H1B is filed. If the H1B is filed as a COS from L1, then you can stay and continue to work in H1B status once it gets approved. The H1B approval should come with a new I-94 so that your status will change to H1B. If the H1B gets approved without a new I-94 (consular process), then you will remain in L1 status until you leave the country and return back in H1B visa.

Also will there be any chances for H1 rejection
>>> Possible.

if so whether I would be able to stay in US until my L1 B is valid.
>>> Yes.

[mogi_85]

With ref. to my below (L1 to H1B) post. My H1 B petition was sent for filing just prior to the CAP close and couldn’t get through since CAP got closed on Nov 22nd, 2011 so when is the next earliest date my petition can be filled in 2012 and If it gets approved whether my status will change to H1 immediately or is there any effective date for H1 B until that I need to be in L1 B status in U.S. Also I am not sure whether my case will be filed as COS from L1 or H1 B new so can you please advice for both?

[shervin143]

New H1B subjected to CAP can be filed on or after April 1st 2012 with an H1B effective date of October 1st 2012 or later. You cannot work for the H1B sposnor until the H1B becomes effective. Whether the H1B will get approved as a COS from L1 or not depends on how the employer files the petition. If it gets approved as a COS (with new I-94), then you need to immediately start working for the H1B sponsor as of the H1B effective date.

[mogi_85]

Refer to below post my H1B got approved on April 2012 with an effective date of October 1st 2012 (with new I-94 valid from 10/1/2012) but am not sure whether it is COS from L1B or new H1B (applied by same employer). I would like to know if I can get my H1B stamping in Canada this year or it can be done only in the home country since this is my first H1B. Please suggest.