L1 to H1 outside quota

[srangis]

Hi,

I was on H1B from Oct 2006 to Sept 2009(Expired, H1B was utilized only 7 months during that period), Now I am on L1B with same Indian company from June 2010 to June 2013, My company is ready to file L1 to H1 COS before April 2013 outside of 2014 quota (on the clause of holding H1B any point of time in last 6 years) as rejection rate is high for L1 extension. Could you please clarify following queries?

1. What would be my H1B start date if my H1 is approved? Will it be 1st Oct 2013 or H1 approval can be earlier date of my L1B VISA expire date (June 2013) as my H1B won’t come under 2014 quota?

2. Please suggest me, is there a way I can continue in US without leaving to India if my H1 approval date is 1st Oct 2013 though my H1 won’t come under 2014 Quota, as my wife is pregnant and her due date is in June 2013?

Thanks,

Kumar

[t75]

You will be on H1B on the effected date of the COS which can be earlier than Oct 1. Remember L1 + H1B <= 6 years

[srangis]

Thanks for your quick response and clarification.

[srangis]

Can I continue working in US even after my L1 VISA expire(June 2013) if I don't hear status on my L1 to H1 approval?