L1 to H1 - Change of Status and Consequences


I would need help.

I have been in L1 visa since Sep-2013 with Employer-A.

I applied H1B in 2014 quota and my case got selected and approved as “Change of Status” to start work from 01-Oct-2014 with Employer-B.

Due to project engagements with L1 Employer-A, I was not in a position to join Employer B from 01-Oct-2014. To avoid the “Change of Status” from 01-Oct-2014, I travelled out of USA on 28-Sep-2014 and returned back to USA on 08-Oct-2014 with new I-94 in L1 status to work for Employer-A.

Now I am getting a new job with Employer-C with my already approved H1.

It would be a great help if i could to get the following queries clarified.

Q-1 : Whatever I did to avoid “Change of Status”, Is it correct?

Q-2 : What are the timelines it may take for the L1 to H1 process. Like LCA, Transfer filing with USCIS etc. Also, What should be done to transfer from L1 to H1 and to have the status maintained.

Q-3 : I am on the edge of resigning from Employer-A while the Employer-C starts the L1 to H1 process with LCA few days ago. Is it right time to quit.

Thank you in advance

  1. It’s fine

  2. It is a cap-exempt/transfer case. LCA will take about a week and H1 approval in 15 days (if premium and NO RFE)

  3. Better to quit once H1 is approved. You never know as it may run into RFE and take longer