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L1 to H1B Transfer

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  • L1 to H1B Transfer

    Hi,

    I am currently working for a company on L1 visa. My company filed for a Change of status - H1B for me in May 2012. After which the following sequence of events happened:
    1) While my H1 was still under process, I had to travel to India for 2 weeks during the month of august. I traveled on my L1 and came back to US.
    2) There was a RFE on my H1 around Oct.
    3) My company filed a response and my H1 got approved recently. Have not received any documents yet. Just saw status online.

    My questions are as below:
    1) Will my change of status still be in effect? Meaning, Is my status automatically transferred to H1b at the point when it was approved?
    2) If not then what do I need to do to change my status to H1b from L1?
    3) If I go to my home country and have the H1b stamped, will that change my status to H1b?

    Thank you in advance!

  • #2
    If your H has been approved with Change of Status then technically since then you are on H status and not on L status.
    As you travelled before October and came in September on your L does not mantains your L status after your H1 approval.
    Even if it would have approved earlier your status would have been H from October 1st. If you want to move to L then your L employer needs to file I 129.
    If you are not working for your H employer then you are Out Of status and you should not be working for your L employer.

    I am not a legal expert and just suggesting from my experience. I just went through this whole lot in October and decided to travel and enter US on October 1st week to mantain my status.

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