L-1A to H1 applied, now L-1A to GC confirmed. Help pls


Recommended Posts

Dear All, 

I am here in US for the past 3 and half years on L-1A visa from Indian company. I have applied for H1 with cos this year thru a consultant in US and it got picked up in lottery and is in Initial review stage as of today. 

Now my Indian company wants to file GC for me on EB1 category and so I want to continue on L-1A even after 1st October 

I'm confused now and have few questions around it. 

1) Will my L1 status changes to H1 Status automatically on 1st October ? Few people I asked said yes and few people said - if I don't accept the employer offer and fill the I9, my status will not change to H1. What is correct ? 

2) Am I legally allowed to continue on L1 after 1st October ? 

3) What happens if I continue on L1 even after 1st October (assume that status will be changed to H1 automatically) does it affect my L-1A to GC conversion process ? 

4) Can I ask my employer to withdraw my H1b peition now ? if he is not willing to withdraw how can I reject the H1 ? 

5) I'm on L-1A extension now and if go to India can I come back before 1st October on L-1A stamped and does that abandon my H1 petition ? or do I need to come back only after 1st october ? 

Please Help. I don't want to miss the GC filing on EB1 category. Thanks in advance.

Link to comment


This topic is now archived and is closed to further replies.