L1B to H1B Cap Subject , Same employer, L1B ending Oct 1, H1B not adjudicated

[jaggav]

Hi 

I am currently on L1B. My employer filed Cap Subject H1B this year. The petition is still in Case Received Status.

My L1B and I94 end on OCT 1st. 

Will there be any issue if the company files L1B extension and wait till H1B approval comes and then withdraw L1B petition when H1B approval comes ?

Appreciate your help. I would like to know if there will be any issues with the above approach.

 

 

[pontevecchio]

How many years have you been in L1 status?

[jaggav]

I have 2.5 years on L1 status.  I have an approved 140. 

Our HR is filing L1 extension, wanted to know if there are any issues with this approach. 

[pontevecchio]

You can have them file the L1 extension. At any time after H1 petition approval, you can leave and return with the H1 visa.