L1 to H1 approved and wish to remain on L1

USA H1B Visa
1

Hi I am currently with Employer-A on L1-B and its going to expire in this Month. However, I-94 is valid for another 18 months. Employer-B is an MNC and filed H1B(probably with COS) for me under regular processing. Its known to me that its already picked up in lottery. If it will get approved and effective from Oct 2013, I would need to work on H1B. So can I file COS to again L1 and continue working on current L1 I-94 after Oct 2013 if I wish. If not Is there any way that I can continue working on L1? Appreciate your advise. Thanks Lohith

2

You have following options:

  1. Leave US while H-1 COS is pending and return on L-1 visa. This will cause the COS to become abandon but your H-1 petition will continue to be processed w/o COS.

  2. File COS from H-1 to L-1 after the petition gets approved w/ COS. In this case, you may have to work on H-1 from Oct 1 to L-1 COS approval date.

  3. Leave US after COS approval and return after Oct 1 on L-1 visa. This way your COS will not go into effect even if it gets approved.

3

Looks like you did not consider my visa expiry date. My L1 visa going to expire in another couple of weeks. I-94 is valid till 2015. Can you please revisit the options provided?

Option1:

The first option looks good for me. But my visa is just going to expire in another couple of weeks. Lets say I leave US and come back in a week, in case if I get the I-94 just exactly the same date as L1 visa( i.e till another couple of weeks only) can I stay in US till Oct2013 as an H1B petition filed behalf of me already?

Can My employer file the L1 extension?

Option2:

Can I file this COS from H1 to L1 myself or only my L1 employer has to file? Is that H1 petition later valid?

Option3:

This is not possible as my L1 is going to expire before Oct 1st.

4
  1. It will be officer’s discretion. They can either give it for 3 years or base it on current visa stamp or I-129.
  2. Your L-1 employer will have to that
  3. This can still be done if you are open to L-1 visa stamping
5

HI saurabh,
1.
Incase, if I come back and just get the visa for another 2 weeks, can I stay in US till Oct 2013 on which day my H1 going to be effective?
3. I am sorry I did not get this. You mean I should obtain a L1 visa and enter after Oct 1st on L1 status?

6
  1. No, you can only stay until your I-94 expiration date i.e. 2 weeks
  2. Yes. Get L-1 visa stamped in the passport and return after Oct 1 on that visa to be on L-1.