L1 to H1 conversion and work with L1

[pta20052011]

I got L1 extension last week and it is extended till 06-Jan-2014. My company also applied for L to H conversion this year and the application is in processing. I got the information that if my H1 gets approved, it will be on the same L1-B I-94 with change of status effective Oct-2012, but , I would like to continue in L1, so that my spouse can work in L2 with EAD, also I don't want to loose H1 Visa. To achieve this, can the below scenario workout , without affecting my approved H1 Visa in hand?

Scenario :

Before getting the H1 approval, I go back to India get L1 Visa stamped with the approved L1 extension. So, when I come back to US before H1 approval, I will be having L1 Visa and the I-94 will be with L1 status.
After coming back to US, I assume my H1 B Visa will be consulate processing, since the Old I-94 is invalid? In this case, I will be having H1 approved with consulate processing. and I work in US in L1 Visa , till I go back to India, correct or am I sound crazy?

[shervin143]

Was your H1B filed under a new CAP (2013) or a CAP from your previous H1B approval notice was used to file the H1B? Did the H1B approval come with a new I-94? What is the effective date of your H1B? Did the employer also file a COS for your dependents from L2 to H4?

[pta20052011]

Was your H1B filed under a new CAP (2013) or a CAP from your previous H1B approval notice was used to file the H1B?
New CAP 2013.

Did the H1B approval come with a new I-94?
I did not get the approval yet. It is in processing.

What is the effective date of your H1B?
I did not get the approval yet. It is in processing.

Did the employer also file a COS for your dependents from L2 to H4?
No, only for me L to H is filled, not for my wife.

Thank for your response

[shervin143]

Well, in that case if the H1B gets approved for COS (if the H1B approval comes with a new I-94), the effective date will be Oct 1st or later (Check the approval notice for the actual effective date). In order to remain in L1 status, you should leave U.S before the H1B effective date (Make sure you return all the I-94 including the ones that comes with the L1 and H1B approval) and return back in a valid L1 visa after the H1B effective date. Search and read about LeapFrog.

Whenever you want to switch back to H1B, the employer can file a COS from L1 to H1B again or you can leave the country and retun back in a valid H1B visa.

[pta20052011]

Thanks for the response. I read the Leapfrog threads, but still have some clarification if you don't mind


Well, in that case if the H1B gets approved for COS (if the H1B approval comes with a new I-94), the effective date will be Oct 1st or later (Check the approval notice for the actual effective date). In order to remain in L1 status, you should leave U.S before the H1B effective date (Make sure you return all the I-94 including the ones that comes with the L1 and H1B approval) and return back in a valid L1 visa after the H1B effective date

You have mentioned that I should go out of the country before H1 effective date in order to maintain L1 status. What if I go before H1 gets approved, will my H1 b Visa processing gets rejected or still it will be processed.

Whenever you want to switch back to H1B, the employer can file a COS from L1 to H1B again or you can leave the country and retun back in a valid H1B visa.

the COS from L1 to H1 will be in the 2014 CAP or it can be done anytime, In case I do no want to go back and return to my home country.

[shervin143]

You have mentioned that I should go out of the country before H1 effective date in order to maintain L1 status. What if I go before H1 gets approved, will my H1 b Visa processing gets rejected or still it will be processed.
>>> Technically, if you leave the country, then the COS should get denied. But it will only happen if your H1B petition was not taken for processing by the time your leave U.S. If it is already under process, then even if you leave the country the petition can get approved for a COS (with a new I-94). If you have decided to leave the country and re-neter backin L1, better wait for the H1B petition get approved, leave before it becomes effective and re-enter after its effective date. That way, you can return all the I-94s when you leave the country.


the COS from L1 to H1 will be in the 2014 CAP or it can be done anytime, In case I do no want to go back and return to my home country.
>>> It can be done anytime as you would have already secured a H1B CAP when your H1B petition gets approved in 2013 CAP.

[pta20052011]

Thanks for the clarifying.