L1-A to H1-B.....Pls Help...

[Wrangler]

Hello,

I'm on L1-A visa in the US for 1.5 years and have valid I-94 until April 2007. Have the following questions:

1. I had a H1-B petition that was vaid until Nov' 05. When my L1-A visa was
stamped, the consulate cancelled the H1-B Visa. Since came to US on
L1-A visa, didn't use the H1-B approval. Now can the same employer apply
for my H1-B extension or a new employer file for a H1-B transfer under any
available grace time, as my H1-B validity expired in Nov' 05.

2. If my old H1-B is of no use, then I believe my new H1-B application cannot
be filed before April 01 2006 and I can work only after October 01 2006. If
I opt for COS (to remain in US), will my status change from L1-A to H1-B
on the approval date or on my work start date. Say if my H1-B is
approved in July'06 and my L1-A employer asks me return back to India in
Jul' 06, can I stay in US until Oct' 06 as I will have my new printed I-94 on
the H1-B approval notice?

Many Thanks....

 

[Siva12345]

Hi,

I am also having a similar situation, but the only difference is in dates

I came to US in Oct 2004 on H1, then I've gone to vacation to India in Feb 2005, I had come back to US in Mar 05, but this time I came on L1 for the same employer, so my H1 visa was cancelled, but the H1 Petition was valid till Jan 2007.

Can I use this petition to get my L1 Status change to H1 from other employer or should I wait till April 2006 to get a fresh H1 Petition from other employer

Any help is greatly appreciated