L1B to H1 transfer will work, when Im out of USA and L1B is going to expire soon

Hi Guys,

My situation is kind of very different and complex. I want someone to shed some light on my current situation, so that I can have a peacfull mind.

Let me explain my situation step by step:

  • I got L1B Visa for Employer A and it was valid from Nov 2011-Nov 2014

  • I travelled two time to USA on L1B during 2012

  • When I tarvelled third time to USA during 2013, another Employer B, approached me for L1B to H1B conversion

  • H1B petition was filed by Employer B for 2014 quota, and it went thru lottery

  • I wasked by my Emplyer A to return back to my home country while L1 to H1 processing was going on

  • RFE came for H1B processing during Sep-2014 and the required documents have been subbmitted by Oct-2014 first week

  • Here comes the main issue, my current L1B is going to expire by Nov 9th 2014, and H1B conversion is still under progress, and my Employer A have applied for new L1B now, hope I’ll be having new L1B visa interview in US consulate by end of October

  • My question is what will happen to my L1B to H1B conversion? Will it affect the new L1B visa interview???

I want a clear answer :frowning: Please some one help me

Hope someone will give some response :frowning:


-Siva K

In case you are in US:

Your case is little complicated. If L1 to H1 COS comes first, then your L1 status cease to exists i.e. either you join company B on H1, or leave US before COS effective date.

If L1 extension comes first, and then COS to H1, then also same thing would be applicable.

But say, COS got denied and L1 extension got approved, then you can stay & continue working on L1.

You may consult an experienced attorney.

In case you are outside of US:

There shouldn’t be any problem what so ever. If H1 petition gets approved, it would be approved for consular processing i.e. you need to go for stamping to enter in US on H1. One can have multiple petition approved, but can have only one stamped visa (either L1 or H1) at a time.

P.S. This is not a legal advice.