L1b to H1b Convertion/extention or H4 Change of Status

[marnv0]

Hi,

Me and My Wife work for a company 'A' on L1B and H1B respectively. My L1B visa is getting expired on June 2013 after working for 5 Years, below are my questions regarding my extension.

Q1. If I ask my company to apply for a L1b to H1B conversion, will I be coming under the annual Cap.

Q2. Is it worth trying to apply for an L1A conversion if I am eligible, wanted to check on this point as there have been many rejections in this category recently.

Q3. If the above two options does not work, by when should I apply for a Change of Status to H4 and Who should apply [application i-539] my Company A or myself inorder to maintain legal status.

Thanks!

[Attorney_23]

A foreign national who has not yet been counted against the H1B cap would generally be subject to the cap. If a person in L-1B status changes to a managerial or executive position (i.e. after filing petition to change status to L-1A,) he must serve in that position for at least 6 months in order to then be eligible to work past the 5 year maximum period.

[marnv0]

Hi,

Could you also answer my third question, as my Employer says I need to Travel Back to India to change my status from L1B to H4

Q3. If the above two options does not work, by when should I apply for a Change of Status to H4 and Who should apply [application i-539] my Company A or myself inorder to maintain legal status.

Thanks

[Attorney_23]

A foreign national can file a change of status to H-4 without support of an employer. Such a filing generally must be made while the individual is still in valid status.

[marnv0]

Thanks for the clarifications, I have the below options

1. Change of status to H4 from my L1, wait for an year and try find an employer who can file H1 under annual Cap

2. Join an premier institute for an MS course and change my status to F1 complete the course [2 years] move to OPT and then find an employer to file H1

Does the 365 day cooling period rule apply in either of the options, please explain.