L1B to H1

[Avengar]

Hi,

Currently I am on L1B visa and my husband is on H1. My employer wants to send me back to India. Would appreciate if someone can help me with following two queries:

1. Can I stay here on a H1 applied visa while I have resigned from my existing employer?
   
2. Is it better to apply H1 while being on L1 or should I go on H4 and then apply H1, considering that I have few days before I leave?
   

Thanks in advance.

[livliv]

Hi,

Currently I am on L1B visa and my husband is on H1. My employer wants to send me back to India. Would appreciate if someone can help me with following two queries:

1. Can I stay here on a H1 applied visa while I have resigned from my existing employer? Yes, you can do that. But you cannot begin working until change of status to H1 gets approved.
   
2. Is it better to apply H1 while being on L1 or should I go on H4 and then apply H1, considering that I have few days before I leave? There is no need to do that.
   

Thanks in advance.

Change of status needs to be filed before your last day at work with the L1 employer.

Once change of status to H1 gets approved, you must start working with the new employer.

[JoeF]

Also, the H1 can only start on Oct. 1.

Until then, you have to stay on L1 or some other legal status, or leave the country.

[Avengar]

Thanks for the replies.

I have managed to get an extension to stay here with a new project, but still would like to apply for H1 visa because my L1B visa expires in June 2013. So can I have both L1B and H1 visa? I would Like to be on L1B visa till my new project ends and then switch to H1 status. Is it possible to do so?

Thanks in advance.