L1 B extn filed, have unused H1B - Can I change from L1 to H1 now?

[satish0610]

Hi,

My L1B visa was valid till 28 Sep and my company had filed for extension on 25 Sep. I have got a RFE on it now.
I have H1B petition filed in Apr 2008 and stamped on Jan 02 2009,from a different company here in US. But I did not travel to US with that visa and it expired on Sep 20 2011.

My query is how can my current company use the H1b and move me from L1 to H1?

[raghvi]

Hi,

My L1B visa was valid till 28 Sep and my company had filed for extension on 25 Sep. I have got a RFE on it now.
I have H1B petition filed in Apr 2008 and stamped on Jan 02 2009,from a different company here in US. But I did not travel to US with that visa and it expired on Sep 20 2011.

My query is how can my current company use the H1b and move me from L1 to H1?

The H1 Cap might be reusable but if your L1 I-94 has expired then you cant do a COS to H1 while in US

If L1 I-94 has expired you can go out of US, go for H1 stamping, after the employer files and gets an H1 petition approved using the cap of your 2008 petition.

This is my opinion not legal advice.

[satish0610]

Additional Query - L1B denied

Thanks Raghvi!!! My L1B extension has been denied and I will be travelling to India in 2 weeks.

So, if my employer files and gets an H1 petition approved using the cap of my 2008 petition, should I wait till October 2014 to travel back to US or I can travel as soon as I get it stamped?

[raghvi]

Thanks Raghvi!!! My L1B extension has been denied and I will be travelling to India in 2 weeks.

So, if my employer files and gets an H1 petition approved using the cap of my 2008 petition, should I wait till October 2014 to travel back to US or I can travel as soon as I get it stamped?

You can travel as soon as your h1 visa gets stamped no need to wait till Oct. Oct wait is only for fresh H1 petition holders.

This is my opinion not legal advice.

[satish0610]

L1 to H1B COS in Premium processing

Denial Notice from USCIS has not been received by my company yet. HR from my company has said it will take 10-12 days to receive the notice and I will have 10 days after that to travel back.
Meanwhile, Can my unsued H1B petiton be used to file L1 to H1 COS under premium? Can I stay once I get the acknowledgement notice of my H1B filing? Or should I leave US and enter after I get that petition approved and stamped?

[raghvi]

A denial means, you are out of status from your I-94 expiry onward. A COS is not possible if you are out of status. You should leave and apply H1 at a consulate outside US.

This is my opinion not legal advice.