L1 to H1 with COS while L1 is valid till May 2013 with extension applied

USA L1, L2 Visa
1

Hi Saurabh,

I am working on L1 with company A and is valid until May 30, 2013. Company A will be applying for L1 extension sometime in May.

Company B is ready to sponsor H1 however they are saying they can not apply H1 with COS until L1 is extended by A.

a)Is current L1 validity(i-94) must be beyond Oct 1, 2013 to apply for new H1 with COS?

b)Receipt of L1 extension along with current I-94 work?

Worst case, can H1 be applied without COS?

Thanks in Advance.

2

To get COS approval USCIS may want to proof of I-94 until Oct 1. Proof of extension filing will not be sufficient.

Yes, H-1 can be filed w/o COS. You can later file COS separately, or leave US and return w/ stamped H-1 visa.