L1 to H1 Conversion

[pxpati2]

Hello ,

I am working with Company A on L1B - expiring on 13-July -2012.

I wish to apply for L1 to H1 COS under cap 2013.

If H1is approved I know it is effective only from Oct 1 2013.

Question:

Can I stay in the country with a valid H1 approval from July-13 to Oct 1 ( and not work).

Or am i considered out -of- status?If yes ; What options would you suggest to not go out-of-status?

Thanks,

P

[manuv313]

Hi,

Did you get the answers for your questions? I too have a question which may not be similar to this. Can I work on H1(switch on to other organization) in Apr'13 on COS? Or Should I wait till I get H1 approved in Oct-Nov'13?

[rohang]

H1 approval and H1 start date are 2 different thing.

If you are applying for H1b under 2013 quota and if it gets approved prior to October, then the earliest date u can start working for H1b employer will be 1 Oct 2013. You cant work on H1b before that.

So you have to leave in July and enter after H1b is active, offcource you have to do stamping before entering.

What you can do is, you can apply for visitor visa in July to fill gap b.w. July to Oct. (not 100% sure about this approach).

Or as your employer to file for L1b extension if you have not already exhausted 5 yr of L1b.