Change of status from L1B to H1B issues

USA L1, L2 Visa
1

Hi All,

Scenario

L1B & I-94 is expiring on 5th September and New H1B starts on 1st October 2013

Please advice on following:

  1. Should I pursue change of status from L1B to H1B or pursue consular process for new H1B for the above scenario??

  2. There is a GAP of 25 days between before new H1B starts and L1B ends. Can I stay during this period in US or do I have to go back to my home country?

  3. If yes, then what is the way to get I-94 extended for that GAP period???

Thanks

Explorer.

2

  1. you can go for either of the two, in the first scenario you will need to have your l1 extended though

  2. no you can not stay without a valid status, either you need to have an extended L1 or you need to leave the country

  3. your employer needs to file L1B extension for you

3

One correction:
2. He can also stay on the basis of pending L-1 extension. As long as the L-1 extension is filed timely (i.e. prior to I-94 expiration), you can stay for up to 240 days beyond I-94 expiration date waiting for the result.

4

In this case, what if CoS is approved but L1 extension gets an RFE after 1st October - can he withdraw L1 extension and continue on H1B? What if L1 is denied (after 1st October), does he lose H1B too?