L1B to H1B COS

[fonzveroli]

Hi,

I have spoken to a few folks who chose to shift from L1b to H1b COS. Even though they got their H1B on Oct 1, they joined the new company only after getting a suitable job. Some of them have waited for 1 month, some 3 months some even 6 months ! All of them have enough I-94 ( me too ) . I am very paranoid about a situation when I get my H1 b on Oct 1 and do not have enough time to resign my previous company before joining the new company.

All of them informed me that I have 1 year time to shift if my I - 94 permits. However I have read in this forum that I have to shift on Oct 1 .

What are the complications I can get into if I delay by say 1 month ?
I am planning to apply for H1 now and going to India to get married . So essentially I will be in L1 B my prospective wife in L2 , if I shift to H1, what happens to her status ?

Cheers
G

[shervin143]

You have two options.

1) File the H1B as a COS from L1. If the H1B gets approved as a COS (with a new I-94), then you should be working for the H1B sponsor as of the H1B effective date. If your H1B is effective from Oct 1st, then you should work for the H1B employer. Any employment with the L1 employer after the H1B effective date is considered to be illegal employment. If required, the employer can request the H1B effective date to be in the future. The employer can request a future effective date of up to 6 months.

2) File the H1B for consular process (No new I-94). You will remain to be in L1 status even after the H1B gets approved. Whenever you are ready to work for the H1B employer, leave the country, get the H1B stamped (if you are married by that time, your wife can appear for H4 along with you) and enter U.S in H1B visa which will put you in H1B status allowing you to work for the H1B sponsor.

After you get married, if you are planning to enter U.S in L1b Visa to work for the L1 employer, then your wife should appear for L2 visa interview. If you decide to enter U.S in H1B visa to work for H1B sponsor, then your wife should appear for H4 visa interview at the consulate.