Regarding converting L1b to H1b by Employer

[anjala327]

Hi,

Currently person is working in a Multi National IT services company and on L1b visa which expires on 31 July 2012. Please let me know on the below -

a) What is the procedure if the Employer has to convert from L1b to H1b? Will this be like a fresh H1b petition or is there any specific procedure to convert from L1b to H1b?

b) Once the H1b is applied and if person has not yet received the approval from USCIS until 31July 2012, can he still continue in US (as his L1b expires on 31July2012) until he gets to know the status of H1b approval?

[dasaradhik]

It should be new H1b. Once H1b dates are valid then need to apply Change of Status.
If new H1b for this year then I dont' think you can apply COS until Oct 1, 2012.

[goomail]

If H1 is subject to the cap, you cannot really apply for a COS here, since your L1 expires before Oct 1st.
a)Your employer can file a new H1 petition which can be effective from Oct 1 or later, on or after April 1st. You need to leave US before your current L1 expires and come back with H1 stamp on or after Oct 1.
And, if you do not want to leave the US, you should get your L1 extended first, then apply for a L1 to H1 COS.
b)You cannot stay in US without applying for L1 extn, you must leave before L1 expires. In fact, even if the H1 approval comes, you cannot stay because you will be out of status after July 31st since H1 earliest start date will be Oct 1.