L1 to H1B Transfer

[sree223522]

Hi All,

I am planning to Apply H1b now and my current visa is expiring on Oct 14. If my H1 gets approved in this month and If my current employer also applied for L1 extension in Aug. Which status i will be from Oct 1st and if my L1 extension is also approved after Oct 1st is there any way i can stop the L1 extension.

Thank you.
Sam

[shervin143]

It depends on which petition becomes effective last. If L1 gets effective after the H1B, then you will be in L1 status and you should be working for the L1 employer. In your case, since you already have a valid L1 I-94 until Oct 14th, filing an extension will make the L1 petition effective as of Oct 15 (If extension gets approved) which will over write your H1B status which begins on Oct 1st. It is not advisable to file multiple petitions for different status at the same time. It is advisable you file the H1B petition in premium and get the result within 15 days. Based on the H1B decision, decide whether to file the L1 extension or not.

[sree223522]

Can i apply for H1B without COS in this year so that i will in L1 status only after Oct 1st and depending on the L1 extension and Approval i will apply for the COS from L1 to H1 after Oct 1st . Can i do that.

[raghvi]

If you dont apply H1 as COS, then it will be as consular process, so in case you need to work with the H1 employer after 1st Oct you have to go out of US get H1 Stamped in your passport and then only return to US. And I assume it is your first time H1, hence you will have to get the H1 stamping done in your home country. This is my opinion do consult experts too.

[shervin143]

Possible. The employer can amend the H1B petition for COS later. Until the COS gets approved or you leave the country and return back in H1B visa, you cannot work for the H1B sponsor.

Can i apply for H1B without COS in this year so that i will in L1 status only after Oct 1st and depending on the L1 extension and Approval i will apply for the COS from L1 to H1 after Oct 1st . Can i do that.