Change of status to L1B (blanket)

[parnasala]

Hello Murthy Attorney,

I am currently in the US on J1 visa, my I94 is valid 17^th Sept 2012. I applied for J1 waiver and waiting for final waiver from USCIS.

My US employer is planning to apply for L1B (change of status from J1 to L1B), and my employer has L1 blanket. I have worked for 1 continuous year with in the past 3 years with the Indian branch of the same employer, so I am eligible for L1B.

I have few questions:

1. Since my employer has already L1 blanket, does the employer need to file L1 individual petition for me with USCIS? If individual petition is not required and no L1 VISA in my passport, then how I can prove that I am on L1. (I believe I don’t need L1 VISA unless I travel out of the US,)
   
2. If my employer files for my L1 petition before September 17^th 2012, can I stay in the US legally till 17^th October 2012 (since J1 has grace period of 30 days).
   
3. Can I apply for L1 during J1 grace period?
   
4. If I don’t get my L1 approval before 17^th October 2012, can I stay in the US after 17^th Oct, or will it be out of status?
   

Thank you so much

J1 dude

[Attorney_23]

In general, a foreign national must be at a U.S. Consulate (i.e. outside of the U.S.) in order to apply under a company's L1 Blanket. However, a company with an approved Blanket is still permitted to file a standard individual petition.

A petition to change status should generally be filed before entering the '30 day grace period.'

[parnasala]

Thanks for the information.

I need another clarification,

If my L1 petition is applied before 30 days grace period and if my petition is not approved within the grace period, can I stay in the US after the grace period till my petition is approved or will this be out of status.

Thanks

J1 dude

[Attorney_23]

In general, if a petition to change status is timely filed, a foreign national remains in a period of authorized stay while USCIS adjudicates the petition. I suggest you consult with an experienced attorney to assist in filing this case.