L1B to H1B - urgent, please answer

[lalla]

L1B to H1B
I am currently on a L1B here in the US since the last 2.5 years and planning to change employers. I have the following questions, can someone please answer: (This was asked earlier but I could not find the answers)

1. Can the COS to H1B be done here or do I have to go outside the US for stamping?

2. As I understand it, the H1B will be effective from 10/1/2004. I have no previous H1B. Probably a redundant question, but will I be under the cap?

3. If I apply for the COS now and the approval comes in say a couple of months, can I still continue working on my L1B till 9/30/2004 and then move over to the new employer? Or do I have to discontinue working for my L1B employer after the COS approval?

4. I guess there are a lot of people facing similar issues as me in being artificially forced to wait for 6 months or so because of the H1B cap. Can someone educate me on how are companies managing this problem in the interim? I am fed up with all the waiting.

Thanks,

 

[7280]

lalla
see below for my take on some of the questions you posed

1. Can the COS to H1B be done here or do I have to go outside the US for stamping?
<A>
COS can be done while in the US. But if you travel outside while COS is pending, USCIS may consider it to be abadoned even though it might approve H-1B. So, in effect you would have to go ouotside of the country to a US Consulate to get H-1b stamping on your passport before rentry. This would be the case even if you adjusted status w/ in the country since you might not have a H-1 b stamping already.

2. As I understand it, the H1B will be effective from 10/1/2004. I have no previous H1B. Probably a redundant question, but will I be under the cap?
<A>
Yes, you would be subject to cap.

3. If I apply for the COS now and the approval comes in say a couple of months, can I still continue working on my L1B till 9/30/2004 and then move over to the new employer? Or do I have to discontinue working for my L1B employer after the COS approval?
<A>
I'm not sure abt. this. You could also post on Murthy's chat forum.
Good Luck.