Change of Status from L1B to H1B - with a Gap

[SNVB]

Hello All,

This is my 1st post ever and I hope I can get some help from the experts on my situation.
Situation: I am currently on L1B (completing 3 years, extension due Mid-August 2022), My H1B got picked in 2023 CAP.
Questions:
1 – Is there any grace Cap-Gap available to maintain status?
2 – If I apply for extension to maintain status, is ‘Pending decision’ a valid status as on 1st October 2022 for me to start on H1B?
3 – Is RFE a valid status - can I withdraw L1B application and carry on H1B?
4 – What if L1 extension is denied (result after 1st October 2022) - do I lose approved H1B as well?
5 – If I go for consular processing, what is the deadline for getting the stamp from outside the US?
6 – Can in progress normal processing be converted into Premium processing mid-way?

Keenly looking forward to guidance.

Thanks,
Gourav

[Kalpesh_Dalwadi]

@SNVB

Is there any grace Cap-Gap available to maintain status?

L1 do get 60 days grace period like H1B so based on the date your L1B expires if it is under 60 days before starting the H1B job on 1st October ( assuming your H1B is approved with change of status), you can stay in the US after your L1B I-94 expires but can’t work.

@SNVB

If I apply for extension to maintain status, is ‘Pending decision’ a valid status as on 1st October 2022 for me to start on H1B?

Yes. It is called ‘authorized period of stay’.

@SNVB

Is RFE a valid status - can I withdraw L1B application and carry on H1B?

No, RFE is not a valid status but that doesn’t really put you out of status as your petition is in a pending status till a decision is made and you will be in a period of authorized stay.

@SNVB

What if L1 extension is denied (result after 1st October 2022) - do I lose approved H1B as well?

No you dont lose H1B, they are different petitions and denial of one do not affect the other.

@SNVB

If I go for consular processing, what is the deadline for getting the stamp from outside the US?

No deadline.

@SNVB

Can in progress normal processing be converted into Premium processing mid-way?

Yes.

[SNVB]

Hello Kalpesh,

Thanks a ton for a quick response. This was very helpful for me to make decision on CoS vs. Consular processing.

Just a couple of questions -

1. Is premium processing available for Fresh H1B / 1st time Change of Status?
2. Your answer to “What if L1 extension is denied (result after 1st October 2022) - do I lose approved H1B as well?” above → just confirming it is applicable for approved CoS (and denied L1B). i.e. If CoS is approved as on 1st October, and L1 extension is pending, the denial of L1B will not affect H1B and I can continue working on H1B.

I am still reading up / trying to understand the best way to proceed and will post more queries if any, and look forward to continued guidance!

Have a great rest of the weekend!

Regards,
Gourav

[Kalpesh_Dalwadi]

@SNVB

Is premium processing available for Fresh H1B / 1st time Change of Status?

Yes.

@SNVB

If CoS is approved as on 1st October, and L1 extension is pending, the denial of L1B will not affect H1B and I can continue working on H1B.

Correct.

@SNVB

I am still reading up / trying to understand the best way to proceed and will post more queries if any, and look forward to continued guidance!

I would consult the immigration lawyer of H1B employer.