L1 to H1 transfer

[vidth]

I am currently in L1B status in US working for a company. I am in US with L1B for past 4 years. My L1 and I94 is expiring this August 29 th 2012. I am planning to switch to a new job by transferring my L1 to H1B.

I have heard that Even if I get my H1 i would be able to work only after October 2012 and since my L1B is expiring August 2012 and if the COS is successful I cannot stay in US for the month of September. What is the chance that H1 visa gets approved?

I am assuming that 90% of the chance is that i would have to go out of US to India in the month of September and come back after getting the stamping. Is this situation common and does a sponsor agree for sponsoring this L1 to H1 conversion?

[shervin143]

I am currently in L1B status in US working for a company. I am in US with L1B for past 4 years. My L1 and I94 is expiring this August 29 th 2012. I am planning to switch to a new job by transferring my L1 to H1B.

I have heard that Even if I get my H1 i would be able to work only after October 2012 and since my L1B is expiring August 2012 and if the COS is successful I cannot stay in US for the month of September. What is the chance that H1 visa gets approved?
>>> H1B petition might get approved. But it might not get approved for COS as your L1 status expires in the month of August. It might very well get approved for consular process. unless you file the L1 extension and then file the H1B as a COS based on the pending or approved L1 extension, H1B will not get approved for COS. Even if it does, you cannot stay in the country after the L1 expiry date without an L1 extension.

I am assuming that 90% of the chance is that i would have to go out of US to India in the month of September and come back after getting the stamping. Is this situation common and does a sponsor agree for sponsoring this L1 to H1 conversion?
>>> Yes. It is common. When a petition gets approved for consular process, this exactly what should be done.

[vidth]

Thanks for the information. Now that i have three more months of L1B validity, and have actively started looking for options, For the H1 consular process, what is the fee. Do consulting company demand this fee upfront? or once the H1 visa is through. Quick help is appreciated.

[shervin143]

The fee varies from one employer to another. Fee depends on a lot of factors like the size of the company, number of H1B employees etc. Look at instruction to file form I-129 in uscis.gov. Paying for your own H1B is purely illegal whether it is upfront or later. Go through the below links.

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1-visa-holder-rights/

Thanks for the information. Now that i have three more months of L1B validity, and have actively started looking for options, For the H1 consular process, what is the fee. Do consulting company demand this fee upfront? or once the H1 visa is through. Quick help is appreciated.