L1B to H1B

[kumarsm29]

Hello,

I am currently working on L1B Individual visa, which expires in April, 2016 and that completes allowable 5 year term.

My Green card (PERM) was filed in October, 2015 in EB2 category.

What are my options to continue working in US beyond the expiry of L1B visa in April, 2016.

1) Can I apply for H1B visa in April, 2016 while I am working in US on L1B?
2) If I apply for H1 B in April, 2016, does ‘Change of Status’ from L1B to H1B can be done?
3) Once after applying for H1B in the beginning of April, 2016, I have to return back to India since L1B is expiring. Does that make H1B application invalid/abandoned etc.?
4) If H1B visa is approved (assuming everything goes well), can I return back to US in October, 2016?
5) If H1B visa is approved (assuming everything goes well), what would be the validity of H1B visa, just one more year from October, 2016?
6) Does my Green card processing has any role to play in deciding my stay in US?

Any information/guidance/pointers would be very much appreciated.

[raghvi]

Hello,

I am currently working on L1B Individual visa, which expires in April, 2016 and that completes allowable 5 year term.

My Green card (PERM) was filed in October, 2015 in EB2 category.

What are my options to continue working in US beyond the expiry of L1B visa in April, 2016.

1) Can I apply for H1B visa in April, 2016 while I am working in US on L1B?
2) If I apply for H1 B in April, 2016, does ‘Change of Status’ from L1B to H1B can be done?
3) Once after applying for H1B in the beginning of April, 2016, I have to return back to India since L1B is expiring. Does that make H1B application invalid/abandoned etc.?
4) If H1B visa is approved (assuming everything goes well), can I return back to US in October, 2016?
5) If H1B visa is approved (assuming everything goes well), what would be the validity of H1B visa, just one more year from October, 2016?
6) Does my Green card processing has any role to play in deciding my stay in US?

Any information/guidance/pointers would be very much appreciated.

1. You can, bu tthat may not be enough for you to be allowed to stay and work in US. L1B is at max for 5 Years stay in US, and fresh H1 cap applied in April 2016 can only start from Oct 2016 so you would have to leave US between April 2016 till you get fresh H1 stamped.
2. COS can be done when one is on valid status and wants to move to another status. As you L1 status will end due to 5 year limitation a COS does not make sense.
3. No. H1 will still be valid only thing a COS would not be possible.
4. Yes.
5. 1 Year as L1+H1 can at max be for 6 Year.
6. It will help you seek extension beyond Oct 2017. Assuming you do return Oct 2016, with H1 valid till Oct 2017, then you can apply H1 extension beyond Oct 2017 on the basis of the fact that your GC has been applied 365 days prior to 6 Year completion.

This is my opinion not legal advice.