L1 to H1

[theguest123]

Hi, My L1 visa is expiring on 15th Sep. My current employer will apply for extension soon. Another employer has filed my H1 visa in June. I have following questions
1. If my H1 visa is approved and L1 extension is pending on 1st Oct, can I start working on H1?
2. If I start working on H1 from 1st Oct, will my stay from 15th Sep to 1st Oct become illegal if my L1 is withdrawn or rejected.
3. If H1 decision is made after 15th Sep, will it be denied since I won't be having valid visa at that time (L1 extension pending)
4. Can premium processing help here? If yes, which one should be processed in premium? H1 or L1?

[shervin143]

1. If my H1 visa is approved and L1 extension is pending on 1st Oct, can I start working on H1?
>>> If the H1B gets approved with a new I-94, then you should be start working for the H1B sponsor as of the H1B effective date (Mostly Oct 1st) as your status changes to H1B on that date. If the L1 petition gets approved later, your status will change back to L1 and you can no longer work for the H1B sponsor unless you leave the country and return back in H1B visa. This is the problem with filing multiple petitions for different status at the same time.

2. If I start working on H1 from 1st Oct, will my stay from 15th Sep to 1st Oct become illegal if my L1 is withdrawn or rejected.
>>> Yes. Any time spend in U.s without a valid I-94 will be treated as illegal stay.

3. If H1 decision is made after 15th Sep, will it be denied since I won't be having valid visa at that time (L1 extension pending)
>>> There are chances that your H1B could get approved for consular process (without a new I-94) since your L1 status was expiring by the mid of September. In such case, you will remain to be in L1 status if the L1 extension is filed. You can work for the H1B sponsor only if you leave and return back in H1B visa.

4. Can premium processing help here? If yes, which one should be processed in premium? H1 or L1?
>>> It will certainly help. In fact, both the petitions should be file din premium. So that L1 gets approved immediately and you will be legal until end of Sept and as of Oct 1st if the H1B gets approved with a new I-94 you will be in H1B status. If H1B gets approved for COS and if L1 extension gets approved later, you will be in a mess.

[theguest123]

1. If my H1 visa is approved and L1 extension is pending on 1st Oct, can I start working on H1?
>>> If the H1B gets approved with a new I-94, then you should be start working for the H1B sponsor as of the H1B effective date (Mostly Oct 1st) as your status changes to H1B on that date. If the L1 petition gets approved later, your status will change back to L1 and you can no longer work for the H1B sponsor unless you leave the country and return back in H1B visa. This is the problem with filing multiple petitions for different status at the same time.

Question - If I leave current employer, won't he withdraw L1 extension? What are the chances of going back to L1 from H1?

2. If I start working on H1 from 1st Oct, will my stay from 15th Sep to 1st Oct become illegal if my L1 is withdrawn or rejected.
>>> Yes. Any time spend in U.s without a valid I-94 will be treated as illegal stay.

Question - If we can work after I-94 expiry (on L1 extension receipt), why can't we change status in that period

3. If H1 decision is made after 15th Sep, will it be denied since I won't be having valid visa at that time (L1 extension pending)
>>> There are chances that your H1B could get approved for consular process (without a new I-94) since your L1 status was expiring by the mid of September. In such case, you will remain to be in L1 status if the L1 extension is filed. You can work for the H1B sponsor only if you leave and return back in H1B visa.

---Agreed

4. Can premium processing help here? If yes, which one should be processed in premium? H1 or L1?
>>> It will certainly help. In fact, both the petitions should be file din premium. So that L1 gets approved immediately and you will be legal until end of Sept and as of Oct 1st if the H1B gets approved with a new I-94 you will be in H1B status. If H1B gets approved for COS and if L1 extension gets approved later, you will be in a mess.

Question - I understood the necessity of L1 premium but why H1 premium is required?

[shervin143]

Question - If I leave current employer, won't he withdraw L1 extension? What are the chances of going back to L1 from H1?
>>> What is they don't withdraw and L1 gets approved later. It will change your status back to L1 and your employment with the H1B sponsor will become illegal.

Question - If we can work after I-94 expiry (on L1 extension receipt), why can't we change status in that period
>>> You are allowed to work since the extension is filed. If the extension doesn't get approved, then your stay is illegal. Status cannot be chnaged without a valid I-94. It is possible to change it based on a pending extension. But it is risky as it will be treated as a bridging petition. Search and read about 'bridging'.