L1-B to H1-B for the current cycle with L1-B expiring


Currently on L1-B / I - 94 valid till August 2013 .

Questions -

1) Is is mandatory to have either L1-B or I-94 date till 30th september to apply for H1B in coming April for 2014 qouta ?

Assuming the H1-B can be applied - 

2 ) If another employer applies for H1-B in April 2013 and current employer is willing to file my extension in Aug 2013 . Will I be able to stay in US after September on basis of L1-B extension in progress and change to H1-B from Oct 1st ? 

3 ) What are the options of applying H1B in current cycle ?

4)If my H1-B is applied with COS and approved and consequently the current employer denies for filing the L1-B extn, then I will need to return back to home country and get the stamping done ? 

5) If the H1-B with COS is approved and the L1-B extension applied for bridging the gap. Can we withdraw the extn so that it does not take precedence over the approved H-1B ?
  1. It is not mandatory for H-1 filing, but it is mandatory for COS. If you apply for H-1 w/ COS, then USCIS can issue RFE asking for proof of I-94 extension b/w Aug and Oct.

  2. Yes. As long as your L-1 extension is pending, your H-1 can be applied w/ COS

  3. What do you mean by options?

  4. Yes you will have to go for stamping, and chances are COS will not be approved if L-1 extension is not even applied.

  5. Yes, your L-1 employer will have to withdraw the L-1 extension petition once its past Oct 2013 and your H-1 has been approved w/ COS.

Thanks Saurabh for the reply.

Is it a good option to file w/o COS status and later file for COS once the petition is approved ?

I think the better approach is to know if your L-1 employer is willing to file for L-1 extension or not. If they are not willing to file for L-1 extension, then you have to leave US at the end of L-1 I-94. So H-1 can be applied w/ consular processing (i.e. w/o COS), and return after getting H-1 visa stamped (you cannot return on L-1 unless your L-1 employer wants you to return and work on L-1).

If they are ready to file for L-1 extension, then you should go ahead w/ COS option. You can still apply for H-1 w/o COS and then decide to file a separate COS, but it just adds delay to your H-1 start time. If you want to start working on H-1 ASAP (i.e. Oct 2013), then have it filed w/ COS. If you want to control when you move to H-1 (i.e. date other than Oct 2013), then have it filed w/o COS.

Does that answer your question?

Yes Saurabh, Thanks again :slight_smile: I was thinking of w/o COS approach just so to lessen the chances of RFE on the H1B petition as per stated in point 1 by you.