H1 to L1 Conversion, Unique Situation

[rww968]

Hi Everyone,

I am currently on H1 visa which is expiring on last week of May 2008. My Company could not apply H1 extension due to some internal reason though there are 4 years remaining on H1.

Now company is going to apply H1 to L1B conversion with a L1B extension in premium processing Mode.

My questions:
1. Is this a common situation (conversion of H1 to L1B)
2. I am not sure of the chances of L1B conversion getting approved..In case it is not approved and my I-94 expires in May last week....Does INS provide some grace period for leaving the country in case a Visa petition is not approved?

Appreciate all help.

Regards..

[txh1b]

1. Not very common. But companies do that to hold people hostage and work for them. I am sure your company HR has great minds at work!
2. It will get approved if you qualify. I would suggest you to file for a H1 transfer by finding another job and quit the company.

Generally, it is a denial notice and once denied, you start accumulating unauthorized presence.
Ask for one good reason why a company wants to change your status from H1b to L1.

[rww968]

thnxs for your reply...

Can I process a H1 transfer while this H1 to L1 conversion
in process with my current employer?
thnxs

[txh1b]

thnxs for your reply...

Can I process a H1 transfer while this H1 to L1 conversion
in process with my current employer?
thnxs

Yes, it is possible. But your final status will be based on the last action rule. Look it up as that is important. If your H1 transfer gets approved after the L1 approval, your final status will be H1b and you should no longer work for the L1 sponsor.

[rww968]

Thnx again. Shall I have to immediately stop working for L1 employer on H1 transfer approval or I can have some time period for switching over from L1 to H1 employer.

If I continue working some time for L1 employer, will it have some negative affect ?

[txh1b]

https://www.immihelp.com/h1b-visa-change-of-status-faq/

Q4 applies to you based on last action rule. No grace period and will have negative consequences as it is unauthorized work if one continues to work on previous status.

[rww968]

Need some help for questions,

My employer is still want to go ahead with H1 to L1 coversion though there are less chances but they are saying, in case USCIS has some queries, those will be sent to employer for clarification before final approval from USCIS on H1 to L1coversion and if employer is not able answer quries they will "WITHDRAW" application...

1. Is it possible to "WITHDRAW" an application at this satge??

2. If yes...they say it will not be a "DENIAL" so it will not affect you in future VISA application...Is it true?

I really appreciate all timely help that immihelp provides, thanks all.

[txh1b]

1. Yes
2. A denial in status change does not generally influence a visa at a later stage as long as it did not result in an overstay past the I-94 date or any unauthorized employment.

[spravee11us]

staus

Finally what happened ..did u able to get H1 extension...
I am also in similer situation ,My comp has filed h1-l1b conversion...
and my visa has been expired,i am wondering if still i can get it transfred to some other employer...
thx in advance...

[ssr246]

H1 to L1

Even, I went through the same situation when my Employer filed L1 instead of filing "First" H1 extension. My L1 got approved and I am currently in US on L visa. My question is, can I still file an extension and tranfer through new employer (note the stamped H visa got expired in July 2010) on H visa?

Appreciate your help!

-SD

[kabkaba]

Your new employer can file an H1 petition using your old cap number at any time. But you cannot work for them until it gets approved with change of status.