L1B TO H1B COS WITH EXPIRED L1B VISA AND EXPIRED I-94

[PP2786]

HI ALL,

NEED SOME HELP ON MY CASE

I HAD MY L1B EXPIRED ON JULY END (AND SAME WITH I-94). THIS YEAR I HAVE ALSO GOT MY H1B LOTTERY. I AM WITH SAME EMPLOYER.

1. FILED L1 EXTENSION CASE ON JUNE END.

2. FILED H1B CASE ON JUNE END.

3. GOT MY H1B APPROVAL ON AUGUST 2ND WEEK AND I GOT I-797 B

4. TILL NOW DIDNOT RECEIVE ANY RESPONSE FOR MY L1B EXTENSION.

5. CURRENTLY I AM WORKING IN US WITH EXTENSION OF STAY OF 240 DAYS.

 

NOW MY QUESTION IS:

1. WILL I BE ABLE TO FILE A COS FROM L1 TO H1?

2. IF YES WHAT WILL BE PROCESS FOR THAT?

3. IF NO DO WE HAVE ANY OTHER ALTERNATIVE?

 

I HAVE SIMILAR CASE AS MINE WITH ONE OF MY FRIEND AND HE GOT HIS H1B COS APPROVAL (WITH I797 A).

BELOW IS HIS SCENARIO WITH MY FRIEND:

• L1 Visa (which was expired on 15^th SEP 2020). L1 extension applied on APR 2020. Got RFE on June 2020.
• H1 Lottery Picked on 2020. H1 was applied as consular (NTO). Got RFE on June 2020. Replied to RFE on 20^th OCT along with COS request. Upgrade the RFE application with premium on 25^th OCT. H1 got approved on 27^th OCT and got I797- A (COS approval) letter on NOV 7^th.

Just trying to understand how the above scenario was different from mine. The only difference I am seeing is the RFE he got for H1 and for my case H1 got approved with I-797B.

 

[JoeF]

First, don't use all-caps. That's considered the online e equivalent of screaming. It is also very hard to read. Your keyboard has lowercase keys. Use them.

Second, discuss your situation with your company and their lawyers. Either you go abroad and get an H1 visa, or the employer would have to file (and pay for) a COS.

[JoeF]

First, don't use all-caps. That's considered the online e equivalent of screaming. It is also very hard to read. Your keyboard has lowercase keys. Use them.

Second, discuss your situation with your company and their lawyers. Either you go abroad and get an H1 visa, or the employer would have to file (and pay for) a COS.