L1 to H1 -Is stay authorized during transition?

R

Rananjayan

New Member
Hi,
I am working for Company A on L1B since one year. My L1B and I-94 expire on 30May2007. I wish to change my status to H1B(after May'07) without travelling out of US.

If another employer B applies COS from L-1B to H-1B (which I believe would be approved only after Oct2007), then

1) Can I legally stay in US from May'07 to Oct'07 without working for anybody ?
a) If YES, then in future, when I attend H1B visa interview in India, would it create a problem if I stayed in US during the L1-H1 transition?
b) If NO, then is there anyother method to achieve what I want? Does applying using premium processing help?

2) How much would L1-H1 COS cost me ?

Please respond.

Thanks,
Ranan.
 
Rananjayan said:
Hi,
I am working for Company A on L1B since one year. My L1B and I-94 expire on 30May2007. I wish to change my status to H1B(after May'07) without travelling out of US.

If another employer B applies COS from L-1B to H-1B (which I believe would be approved only after Oct2007), then

1) Can I legally stay in US from May'07 to Oct'07 without working for anybody ?

When COS is approved, your status on H1 is effective that date. Till then you can work on L1 without any issue. Your status will be maintained as L1
a) If YES, then in future, when I attend H1B visa interview in India, would it create a problem if I stayed in US during the L1-H1 transition?

Again, till H1 transition is happening, unless your L1 is withdrwan - you will be legally on L1.

b) If NO, then is there anyother method to achieve what I want? Does applying using premium processing help?

You can choose PP but it will be effective only after Oct 1, as new quota are effective Oct 1 - your status can not change before approval date1

2) How much would L1-H1 COS cost me ?

Around $3500 approx

Please respond.

Thanks,
Ranan.
Click to expand...
 
Thanks for the response. I really appreciate it.

But my main concern is - during my L1-H1 transition, I would not be on L1 status as my L1 and I94 expire on 30March'07. So if the date on H1 is Oct1 then will I be "out of status" during this time (March-Oct)? Would my stay be considered legal during this "pending status" period?
 
Rananjayan said:
Thanks for the response. I really appreciate it.

But my main concern is - during my L1-H1 transition, I would not be on L1 status as my L1 and I94 expire on 30March'07. So if the date on H1 is Oct1 then will I be "out of status" during this time (March-Oct)? Would my stay be considered legal during this "pending status" period?
Click to expand...
If petition is file in timely manner and is pending, you are allowed to stay, though you can not work since L1 is expired.
The problem in you case is your COS application is not considered filed in timely manner as you won't have status as of April 1.
Technically, new petition won't be accepted by CIS unless you are in status.
 
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