For Applying for COS from L1B to H1B should Primary visa be active?

[kumar9026]

I am in US since Oct 2013 and Visa expires in Jan 2015. I have a valid I-94 till 10/2016. Is it possible to apply for L1 to H1B  for Employer B as COS,  As i continue to work for my current employer A?

 

1. Is there a criteria that for COS from L1 to H1B , L1B should be active ?

2. What are the other options to file for H1B , if the answer to Question 1 is YES

 

[jairichi]

You can continue working for employer A. But, once COS is approved then you need to start working for H1B employer from Oct 1st if it is a cap subject H1B petition filed in April. If it is a cap exempt H1B petition then you need to stop working for employer A immediately after COS approval and join employer B.

1. Yes, a COS is possible only if you are in active or valid status in US. It does not depend on visa validity but depends on existing petition and I94 validity.

2. Other option is consular processing.

[kumar9026]

Thank you for the response.

 

My Existing L1 B Petition is Valid Indefinitely.

 

[kumar9026]

Thank you for the reply.

 

Further to my earlier question:

 

what would happen if the application is filed as COS and I return to home country in before Oct, 16.  Will USCIS updates the status in records and COS breaks and H1B to be filed for   Consular Processing? or should we have to update the status that I am no longer in US with L1B? Will petition get invalidated as COS is not valid any longer?

[jairichi]

Thank you for the reply.

 

Further to my earlier question:

 

what would happen if the application is filed as COS and I return to home country in before Oct, 16.  Will USCIS updates the status in records and COS breaks and H1B to be filed for   Consular Processing? or should we have to update the status that I am no longer in US with L1B? Will petition get invalidated as COS is not valid any longer?

If your exit US before a decision is taken on your H1B petition then your COS part of H1B petition is considered abandoned. H1B petition process will still proceed. With a valid H1B visa and I797 you can enter US in Oct.