L1 to H1 Conversion

[uschandra]

Hi,

I am currently on L1 Visa with A company. My visa is valid until April 2013. I am planning to go for H1 filing from another employer in USA for this year. I know the quota opens on 1st April 2013.

Please help me in finding the answers to below questions:

1. Can one hold current L1 and approved H1 at the same time
2. If I apply for H1 filing in April and get the petition/H1 visa by say June-2013, would my L1 visa becomes invalid
3. I can’t work on H1 till October and would I need to go back to India once my H1 approves in say June.
4. Can I work on L1 till October even after I get my H1 in June and start working on H1 there after October.

Thanks

[kabkaba]

H1 petition can be filed with or without change of status. The earliest start date is Oct 1.

If approved with change of status (with new I-94 at the bottom of approval notice), your status will change on Oct 1 and you must leave the L1 employer and join the H1 employer on Oct 1 in that case.

If approved without change of status, you can continue with your L1 employer until your L1 I-94 expires. Whenever you want to change status to H1, you will have to leave the US, obtain H1 Visa from a US Consulate/Embassy and return in H1 status to work for the H1 employer.

[uschandra]

L1 to H1 Conversion

Thank you for the reply. I am specifically looking for the below scenario.

- I will apply for the H1 petition on 04/10/2012.
- I will get my approved H1 petition on 07/10/2012.
- I have valid L1 visa until 04/10/2013

Q1: In the above case can I continue on L1 till 10/01/2012 and change the status to H1 there after?

Q2: Do I need to quit the L1 employer immediately after my H1 is approved i.e. after 07/10/2012. In this case I can’t work on H1 either at that point of time. So do I need to go back to my home country and come back after 10/01/2012 after stamping?


Thanks for all the help.

[shervin143]

In think the previous reply was pretty clear. First of all, if you don't have a valid I-94 associated with the L1 petition, your H1B will will not come with a new I-94 and your status will not change to H1B as of Oct 1st. The H1B petition might get approved only for consular process. If your L1 I-94 is expiring before Oct 1st, then you should leave the country and return back in H1B visa on or after Oct 1st. If your L1 I-94 is expiring before Oct 1st and if you do not want to leave the country, then file the L1 extension first and then file the H1B as a COS from L1 based on the approved or pending L1 extension. That way, you can work in L1 status till Sept 30th and from Oct 1st you can work in H1B status provided the H1B approval comes with a new I-94.

Thank you for the reply. I am specifically looking for the below scenario.

- I will apply for the H1 petition on 04/10/2012.
- I will get my approved H1 petition on 07/10/2012.
- I have valid L1 visa until 04/10/2013

Q1: In the above case can I continue on L1 till 10/01/2012 and change the status to H1 there after?

Q2: Do I need to quit the L1 employer immediately after my H1 is approved i.e. after 07/10/2012. In this case I can’t work on H1 either at that point of time. So do I need to go back to my home country and come back after 10/01/2012 after stamping?


Thanks for all the help.

[kabkaba]

Thank you for the reply. I am specifically looking for the below scenario.

- I will apply for the H1 petition on 04/10/2012.
- I will get my approved H1 petition on 07/10/2012.
- I have valid L1 visa until 04/10/2013

Q1: In the above case can I continue on L1 till 10/01/2012 and change the status to H1 there after?

Q2: Do I need to quit the L1 employer immediately after my H1 is approved i.e. after 07/10/2012. In this case I can’t work on H1 either at that point of time. So do I need to go back to my home country and come back after 10/01/2012 after stamping?


Thanks for all the help.

Please read my previous reply again. A lot depends on how the petition is filed (with or without change of status), when your L1 I-94 expires and how the petition is approved (with or without change of status).

[shervin143]

Why have you hijacked this post with a question that is totally unrelated? Post your question in a separate thread and not at the top of someone else's post. Check the below link for the list of H1B sponsors.
http://www.immihelp.com/forum/showth...t=63346&page=2

Hi I am looking for a geniune employer to proceed with my H1 , i'm currently on L1B visa and looking for a H1 transfer , have got 9 years of experience.I got one employer last year who delayed the whole process and the quota got over .This year i am looking for some geniune employer .Please let me know if anybody can help on this.

Thanks

[angiem]

i did'nt intend to hijack , however thanks for pointing me to a correct link