Period between L1B and H1B

A

ashm

Registered Users (C)
Hi, i read a lot of posts regarding transfer of L1B to H1B. There is one question i have.
I understand that if i apply in April05 for a transfer of status from L1B to H1B and if it gets approved, i can work on H1b only from Oct 05.
Suppose, i apply for transfer of status in April 05 and it gets approved in July 05. What do i do from July 05 to Oct 05? Since my h1b has been approved, i do not have the L1b any more so i can not work for the previous employer. During this period, can i stay in USA or i will have to go to home country and come back with a new h1b visa stamp

Second, What if i do not apply for transfer of status but apply for a fresh H1b. When my H1b gets approved, does it mean that my L1b is automatically invalid?

Thanks a lot!!!
 
You should always try to remain in valid status during a transition period. When you get your H1b approved it will also have a start date. With a change of status you will be in H1b status from the valid date. A new I94 will be attached to the approval. So if you keep your L1 status until your new H1b is valid you should be fine. Otherwise think about a B1/B2 visa.
BTW: Recent "confusing" publications of USCIS indicate that the new batch of 20,000 H1b visas is available for everyone, not just US Matster/PhD holders. You can discuss with your attorney to use that option so you can start much earlier.
 
Hi Billy_bob,
Thanks for your reply. I am a little confused now.
From what you wrote it looks like i can have two visa at a time. Is that legally possible? When my H1b gets approved, does not my L1b get automatically cancelled?
Can i have an approved L1b and an approved h1b status at the same time? If thats possible then that solves a lot of problem for me.

thanks!
 
Approving a petition and changing your status are two different things. You can apply on April 1 for a change to H1b with a start date of October 1. Until October 1 you will remain in your current status as along as you maintain the validity of that status (like eg working for the sponsoring employer).

Anyway, one thing to remember: At any given time, when in the US as a non-immigrant, you can only be in one status.
 
billy__bob said:
I understand that if i apply in April05 for a transfer of status from L1B to H1B and if it gets approved, i can work on H1b only from Oct 05.
Click to expand...
Once your H-1B gets approved you will be provided a date from when your
H-1B petition starts. You can able to work only from that date on H-1B.

Suppose, i apply for transfer of status in April 05 and it gets approved in July 05. What do i do from July 05 to Oct 05? Since my h1b has been approved, i do not have the L1b any more so i can not work for the previous employer. During this period, can i stay in USA or i will have to go to home country and come back with a new h1b visa stamp
Click to expand...
You will not be transfered the staus to H-1B immediately, Your H-1B petition will be having a date, From that time onwards your H-1B status will be counted. until that time your L-1B status is valid.

Second, What if i do not apply for transfer of status but apply for a fresh H1b. When my H1b gets approved, does it mean that my L1b is automatically invalid?
Click to expand...
No your L-1B is Valid until your H-1B petition starts.
 
L1B to H1B without COS

Hi,

can anybody help me

I applied for H1B when was in india.
now I am in USA on L1 and my H1 petition is also approved
1. Can I have 2 petitions with me now
2. Can I discontinue working with my L1 Company now
2. Can I start working for my H1B Company now
3. Do I need to go back to India or Canada or mexico for H1B stamping to work for h1b company



Thanks
Rambo
 
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