H1-B to L1 conversion

[PinkPink]

Hi,

I am working with company A in US for last 16 months on H1-B and was working at their India location for 17 months.I got married recently and my spouse came here on H4 visa.We have got our H1 extension till 2014.Now , my spouse would like to work in US.

My question is :

1) Am I eligible for H1B to L1 conversion so that my spouse can work on L2?

2) If my L1 petition is not approved, would I still be eligible to continue working on my H1B?

3)If my L1 petition is approved,does that mean my H1 is revoked?

4)If I recieve my L1 approval,should I go for a stamping before starting to ork on L1?

5) In future if I get an offer from some other company B, can I still use my old H1 for doing a transfer?

6) My H1 is extended till Jan 2014,so if I am still on my approved L1 even after the extension date for my H1 ,would my old H1 still be valid?

Thanks

PinkPink

[PinkPink]

Could an attorney or senior member reply please :-)

[pontevecchio]

1. Ask your company if they will . Their call.

2. Yes.

3. No connection except that you can have only one status in the USA.

4. Only if the COS from H1 is not approved.

5. Nothing gets transferred. The fact of being cap counted remains subject to the total of 6 years L1 plus H1 status.

6. Again these 2 are not connected.

If you want a Lawyers take, do call one.

[gcjourney]

@PinkPink: Please see the answers below.

1) Am I eligible for H1B to L1 conversion so that my spouse can work on L2?

Yes but your company can file only if they are recruiting you for a Managerial Role (L1 Eligibility)

2) If my L1 petition is not approved, would I still be eligible to continue working on my H1B?

If its Adjustment of Status and your L1 is issued without an I-94 you would have to leave the country for the new status to get into effect. However if you get an L1 with an I-94 your new status would be L1 technically revoking your current H1B.

3)If my L1 petition is approved,does that mean my H1 is revoked?

However if you get an L1 with an I-94 your new status would be L1 technically revoking your current H1B.

4)If I recieve my L1 approval,should I go for a stamping before starting to ork on L1?

Depends on if its approved with an I-94 or not. See point 2.

5) In future if I get an offer from some other company B, can I still use my old H1 for doing a transfer?

You will not be able to do a H1B transfer if your old company revokes it writing to USCIS which is a standard procedure.

[gcjourney]

PinkPink: Please consult an experienced attorney for the best advice.

[Attorney_23]

To be eligible for an L1, a foreign national must have worked in a specialized knowledge or managerial/executive capacity abroad for at least 1 year within the three years prior to admission to the U.S. If a petition to change status from H1B to L1B is denied, this would not generally impact the individual's existing status. An approval would not generally serve to revoke an existing H1B petition, but the person would change status (assuming the petition requested an immediate change of status.)

For a more detailed explanation, please schedule a consult with an experienced attorney.