L1B to H1

[ysr09]

I came to US on L1B with an employer A in Aug 2011.

 

My visa expires June,2014 but my i94 is valid for another 2 years till June,2016.

 

The same employer A filed H1B for 2014(due to L1b rejection rates as well as i had a  valid i94) and i was one of those fortunate ones who had it picked up and approved as well

 

Now my questions are 

 

1. Can Employer A ask me to continue on L1B itself since i have a valid i94 for L1 and deny H1 status to me?

 

2.  Is that legal to work on L1 since COS was approved  beyond Oct 1st 2014? 

 

3. I believe the max 6 years duration will be counted including the L1B. ( I will be capturing the days i was out during L1 visa before oct1st roughly 3-4 months).

 

4.  If i make a travel out of US and come back after a year, will the 6 year clock reset? (since i never entered US on H1B status).

 

6. Can i change employer without getting stamped with Employer A, assuming i get the Approval notice from employer A or would the receipt number alone suffice if he is not willing to give me H1 status?

 

 

[jairichi]

I came to US on L1B with an employer A in Aug 2011.

 

My visa expires June,2014 but my i94 is valid for another 2 years till June,2016.

 

The same employer A filed H1B for 2014(due to L1b rejection rates as well as i had a  valid i94) and i was one of those fortunate ones who had it picked up and approved as well

 

Now my questions are 

 

1. Can Employer A ask me to continue on L1B itself since i have a valid i94 for L1 and deny H1 status to me?

 

2.  Is that legal to work on L1 since COS was approved  beyond Oct 1st 2014? 

 

3. I believe the max 6 years duration will be counted including the L1B. ( I will be capturing the days i was out during L1 visa before oct1st roughly 3-4 months).

 

4.  If i make a travel out of US and come back after a year, will the 6 year clock reset? (since i never entered US on H1B status).

 

6. Can i change employer without getting stamped with Employer A, assuming i get the Approval notice from employer A or would the receipt number alone suffice if he is not willing to give me H1 status?

1. If approved as COS from L1B to H1B you are on H1B from Oct 1st.

2. No.

4. No. Clock will reset only if your H1B petition was filed after you stayed outside US for 365 days.

5. Yes, new employer files a cap exempt H1B petition and on approval you can start working for new employer. Better to have a copy of I797 approval notice.