L1 to H1 - COS and F1

[neon.somer]

Hi folks,

My husband is on L1-B Visa with company 'A' and we have been here in USA for almost 4 years and his L1-B visa is expiring during August 2013. He got L1 to H1 conversion and COS with a consultancy firm on Oct 2012, but is still working for Company 'A'.

How far is it safe to stay on L1-B? And if we decide to move back to L1-B from H1 is it fine to re-enter US with L1-B I-94? or will they have his H1-B on records? In case, we go back to our home country for a year and come with a new H1 B, is it going to be an issue to apply for GC?

There is another situation here... I am on F1 and my OPT is expiring on April 2013, is it fine to stay here til August 2013 without applying for OPT extension?

We are in a confused state here! Please help..

Thanks,

Neon

[Attorney_10]

The facts of your cases appear complex and it appears your husband may be out of status. Generally, once the change of status from L1B to H1B is approved and the start date takes effect the nonimmigrant is only permitted to work with the H1B employer. It is considered unauthorized employment to continue working with the L1B employer. Please schedule a consultation with a qualified immigration attorney ASAP to discuss the specific facts relating to both your situation and your husband's case and to determine what steps must be taken to be in full compliance with US immigration laws.