Need help: L1-H1 status change.

[yetanob]

Hi folks,

Need your advice, below is my scenario ...

Im working with company A with L1B and its valid until Jan 2013. I visited India recently and i have the I94 till Jun 2015. Before travelling to india i seeked a employer B and filed H1B, which is to be approved soon ....

Question;

1) Can i still work for company A with L1B, even if my H1B is approved ? Is it mandatory that i should join employer B from Oct 2012 ??

2) If i tend to stay with Company A with L1B, after my H1B is approved, will my stay become illegal ?

Please advice.

Thanks in advance.

[pontevecchio]

1. Yes if there is a COS involved.

2. Not if there is a COS involved.

[yetanob]

thanks pontevecchio

My first question had two parts in it ....

1a) Can i still work for company A with L1B, even if my H1B is approved ?

1b) Is it mandatory that i should join employer B from Oct 2012 ??

2) If i tend to stay with Company A with L1B, after my H1B is approved, will my stay become illegal ?

Pls explain it again for me .....

[pontevecchio]

Has the H1 employer filed your H1 petition with COS and does the said petition have an I94 attached to it?

[shaildotcom]

Hello,

I am came to United States on H1B visa and completed the initial period of 3 years. At the time of H1B extension my company decided to transfer my visa from H1B to L1B. Since then I am on L1B visa. My L1B visa validity & total allowed period of US stay (H1B + L1B) is coming end in about 1 and half year. My company is ready for file my Green Card, my questions are:

what would be the best bet for me:

Q1 - Let my company file my GC on L1B status

Q2 - Ask my company to change my status from L1B to H1B and then file GC.

Please let me know.

Thanks!

[pontevecchio]

It does not matter. You can change to H1 status later on and continue in that status. Obviously if you are going to get paid more in H1 styatus you should change now.