L1B to H1B Change


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  • 3 weeks later...


I am in similar situation.  My current visa situation is -
1. I am in US on L1-B with company A
2. L1-B, I-94 expired on 15th Nov 2020
3. Company A filed L1 extension in Aug 2020, RFE'd in Nov 2020, RFE response submitted on Feb 10, 2021 (normal processing, no premium processing)
4. Company B applied for H1B COS (change of status). Got picked in lottery in Aug 2020, H1B petition submitted in October 2020 (I-94 was valid at that time), later H1B got RFE on 5th Nov 2020, Company B submitting rfe response in premium by 20 Feb 2021
5. Question is, will H1B COS be approved as my I-94 is expired now and L1-B extension is in progress ?

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I'm kind of in a similar situation as the above two posts. But differs a bit.. 
I'm currently in L1B visa and is expiring around Apr '22. I'm trying to convert to H1B and have few questions on that.

  1. I know that L1B is valid for 5 years and H1B is for 6 years. Converting from L1B to H1B gives me additional 1 year? Or will it remain as 5 years with only the visa status converted from L1B to H1B?
  2. I'm with EmployerA with L1B visa, and got an offer from EmployerB. Now I have EmployerA and EmployerB both agree to file H1B. I would like to move to EmployerB but would like to understand the options I have and problems that would arise in this case.
  1. Should I wait for EmployerA to file H1B and wait for results? And ask EmployerB to not file H1B? And move to EmployerB once lottery is selected and petition is approved? Note: My L1B visa expires around Apr '22.
  2. Should I let both EmployerA and EmployerB file H1B for me? What are the complications during petition approval?
  3. Should I ask EmployerA to not file H1B and ask EmployerB to file H1B, when I'm currently employed with EmployerA? What are the complications during petition approval?

Please let me know your comments. Thanks.

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