L1A to H1 transfer

[GIRIM]

Hi,

I came to US on H1b visa in 2003 with Company A valid till 14 March 2005. In Feb 2005 my company applied for H1B extension till 5 Dec 2007 with I94 valid till 5 Dec 2007.
Again I went back to India and got L1A stamped through the same company in June 2005. And came to US on L1A Visa.
My Current visa status is L1A valid till 28 Oct 2008 and I94 Valid till 28 Oct 2008. My H1B petition with same company is expired on 5 Dec 2007.

Now I have following questions:
1. If company B is ready to apply for H1B, will it be L1A to H1B (expired) trasnfer?
2. Will it come under H1 Cap?
3. Do I need to wait till April 2008 to apply for H1B or I can apply for Change of Status now?

Any help/comments are appreciated.
Thx

[simran]

Hi,

I came to US on H1b visa in 2003 with Company A valid till 14 March 2005. In Feb 2005 my company applied for H1B extension till 5 Dec 2007 with I94 valid till 5 Dec 2007.
Again I went back to India and got L1A stamped through the same company in June 2005. And came to US on L1A Visa.
My Current visa status is L1A valid till 28 Oct 2008 and I94 Valid till 28 Oct 2008. My H1B petition with same company is expired on 5 Dec 2007.

Now I have following questions:
1. If company B is ready to apply for H1B, will it be L1A to H1B (expired) trasnfer?
yes
2. Will it come under H1 Cap?
no
3. Do I need to wait till April 2008 to apply for H1B or I can apply for Change of Status now?
anytime
Any help/comments are appreciated.
Thx

--------

[GIRIM]

Thanks Simran for Prompt reply.

Once company B applies for L1A to H1B COS, after approval do I need to inform USCIS before starting the work for Company B? Also will my L1A status be invalid? Or I will be in L1A status till I start working on H1B.

Any help/comments are appreciated.
Thx.

[simran]

Thanks Simran for Prompt reply.

Once company B applies for L1A to H1B COS, after approval do I need to inform USCIS before starting the work for Company B? Also will my L1A status be invalid? Or I will be in L1A status till I start working on H1B.

Any help/comments are appreciated.
Thx.

as soon as H1B status is approved, u have some time to leave ur current company and move to H1 company. also ur L1 status will be void from day 1.

[GIRIM]

Thanks Simaran for your replay!

How much processing time is requried for L1 to H1 transfer in general case?

Thx

[GIRIM]

Hi,

Could you please explain the process for applying transfer from L1A to H1B? Do we need to complete only FORM I539?
What all document will be required?


Any help/comments are appreciated.
Thx.
P.S. WISH YOU ALL VERY HAPPY NEW YEAR.