L1 B to H1 B, L1 employer sending me back to India


I am presently working on L1 B, the L1 B visa expires in May 2013 and L1 -I 94 expires in Dec 2015 ( As I re entered US 2 months back).

My current L1 employer does not have project and is sending me back to india in 2 weeks. A company is ready to file my H1 B( I have old H1 B petition which expired)

Question: Can I still say in US if my L1 employer does not provide Feb Pay slip? The latest pay slip I have is Jan 2013. Can I legally stay if My H1 B has been filed during this period within February ( Considering Jan 2013 pay slip will then be latest which I have)

Please advice what are my options.



You can ask the new employer to file H1 in premium processing asap. Within 2 weeks(or 3 depending upon the preparation of documents and assuming LCA is approved) you will get a result. Do not worry about Feb pay stub, you will get it by the month end. If your company is tied up with ADP then you can get it from their website even after your leave your current employer. If your COS is approved then you can stay and continue to work with new employer since you will not be counted in cap again. Try to convince your L1 employer to let you stay for one more month and only join the new employer once the H1 COS is approved.