L1B to H1B conversion

[vishaltare84]

Hi All,

I am not sure whether similar case is present in any thread , so just posting my case.

I am on L1B Visa from company X my Visa is valid till Sep 2012 but i have I-94 valid till Nov-2014.
Another company Y is applying for my H1B in this year cap.
My Question here is
1) Do i have option to work on L1B after 1st Oct 2012 or automatically my L1B visa will get invalidate.
2) Few of my friends did the same and they worked on L1B after H1B approved for around 3 months, but wanted to know , is it legal ? They said their attorney clarified that it is legal. but still i want to take 2nd opinion.
3) What if i deny to work with employer Y even my H1B visa is approved ?

Waiting for response and thanks in advance for help.

Regards,
Vishal

[shervin143]

1) Do i have option to work on L1B after 1st Oct 2012 or automatically my L1B visa will get invalidate.
>>> If the H1B is filed as a COS from L1, then upon approval the H1B approval notice will come with a new I-94 which will change your status from L1 to H1B as of its effective date (Oct 1st or later). You cannot work for the L1 employer after the H1B effective date as you are no longer in L1 status. If you want to continue with the L1 employer, you should leave the country and return back in L1 visa after the H1B effective date which will get you a new I-94 associated with your L1 petition putting you back into L1 status. This is called as leap frog.

2) Few of my friends did the same and they worked on L1B after H1B approved for around 3 months, but wanted to know , is it legal ? They said their attorney clarified that it is legal. but still i want to take 2nd opinion.
>>> No. It is illegal to work for the L1 employer when your status has changes to H1B. It can cause issues in the future if an officer looks deep into their records matching the petition approvals with their W2s.

3) What if i deny to work with employer Y even my H1B visa is approved ?
>>> You need to do a leap frog as explained in answer 1.

[BalaRaju]

L1 B Visa to H1 B Conversion

Hello There,

The First, Merry Christmas and Happy and Prosperous New Year 2013.

I am working here in USA on L1 B VISA and it will get expire in August 2015 and my I-94 will get expire on Aug, 2015. But here I am working on project contract and is for 1 year, will end at August, 2013. But I would like settle down here in USA hence I am looking for Converting my L1 B VISA to H1 B. But I am very new to Immigration process and guidelines.

Here are my questions, and if anybody help me means I would be really grateful to you.

1. What's the process for converting L1 B VISA to H1 B?

2. When is the good time to approach L1 B VISA to H1B?

3. Are these conversions happening these days (I am asking this question as these days VISAs are not getting approving.)?

4. Are there any companies or Consultancies help me on this Conversion?


During my L1 B VISA process, I approached IMMIHELP and my interview got cleared. It's really very good site for Immigration Questions and thanks much for come up with such a great website from the bottom of my heart.

Thanks a billion in advance for your favor,
Bala