L1 to H1 with COS and filing L1

USA L1, L2 Visa
1

Hi,

I am currently styaing in USA and working for employer A on L1-B visa and it is going to expire on 24th of this month. However, I have my L1 I-94 valid till Jan 2015. Another employer B filed H1 with COS and its alredy picked up in lottery. Now the status is under initial review. Probably it may be effective from Oct 2013 if it will get approved.

Here are my questions…

  1. In case if my current employer files an L1 extension what it is going to happen? Is it overrides my H1? or only COS status will alone be changed to L1 and H1 still valid after Oct 1, 2013? What should I do If I would like work on H1 after Oct 1st (Lets say Dec 2013 onwards) and till that time on L1?

  2. Is it L1 extension filing should happen before my current L1 visa expires or can be filed any time before L1 I94 validity expire?

  3. Is there any way still I can continue working on L1 after Oct 1st without visiting my home country?

  4. My wife is on L2 with EAD staying in USA along with me. Her employer filed H1 for her and its already picked up in lottery. It is now under Initial review. Incase if I leave to my home country before Oct 1st (probably in Aug), can she still continue stay in USA as her H1 is already filed and it is in process?

  5. If I visit my home country in Aug and come back to US (Probably in Sep or Oct) on H4, is it over rides my H1?. or Can I file COS to H1 again and continue working on H1 after Oct 1st?

2
  1. Even after L-1 gets approved, it will not impact your H-1. Just your status will be L-1 or H-1 depending upon what goes into effect later. You can search for Last Action Rule.

2, 3. My understanding is that you can continue to stay and work on the basis of L-1 I-94. Why does the employer want to file L-1 extension? Did your employer tell you that they will file the extension?

  1. If you leave US, then even she will have to leave US as she is in US as your dependent.

  2. Same as (1). You can file COS from H-4 to H-1 later to move to H-1 status.