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  • L1A to H1B conversion from within USA

    Hi,

    I have been working on L1A visa in the US from July 2004 and i am currently on L1A extension with an I94 valid till April 2007. My H1 B was applied by another company as i was seeking a chnage in employement and i have got my approval for H1 B visa now. When the H1B was filed i was in the US but it was filed as a new H1 from India. Now i need to know that that since i am in the US and if i want to start working with the second company from 1st October, can i do that ? or do i have to go back to india and get the H1B visa stamped and then come and start work for second company ?

    I am not keen on going to India for visa stamping now, but the employer is saying that since the H1 was filed as a new H1 from india i have to go an get it stamped from India. I was under the impression that we could work out an L1 A to H1B conversion from within US.

    Is there a complication involved here that the H1 was filed as a new H1 from India even though i was here in US working on L1A ? If yes , what is the complication ? If no complication, then what is the way that i can get L1A to H1B trasfer. Is there a cost involved in doing so ? Why is the new company asking me to go to India and get this stamped and come back ?

    Also the petition that has come is valid for 2 years only. I was under the imperssion that H1 petitions are valid for 3 years or 5 years? Did something change recently ?

    Thanks in advance. Please reply ASAP

  • #2
    When the H1 is filed as for a fresh applicant from India, then I think you will have to come to India for stamping. But if the I 539 petition was filed along with you H1b, then you could have stayed back in the US without stamping. I think you should get this issue clarified with a immigration attorney in the US. It will be of help if you can post here what your attorney advises.
    VEENA
    (NOT LEGAL ADVICE)

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    • #3
      thx

      I will get this clarified and will update the forum too.

      Comment


      • #4
        I am in same situation.....

        Goyal/Veena,
        I am also in same situation...working on L1 and applied for H1 as a fresh application...

        I am thinking to go to Canada/Mexico for stamping rather than India...Is it possible...
        Please help me ....

        Goyal..please let me know some details.....

        Thanks
        --Shekar

        Comment


        • #5
          Originally posted by naani78
          Goyal/Veena,
          I am also in same situation...working on L1 and applied for H1 as a fresh application...

          I am thinking to go to Canada/Mexico for stamping rather than India...Is it possible...
          Please help me ....

          Goyal..please let me know some details.....

          Thanks
          --Shekar
          I am not too sure if the consulates at the US border are capable of verifying educational degrees and prior work experiences from India (if applicable in your case). They might give you a 221(g) redirection to the home consulate. So if you choose to go for the H1B stamping at the border, go with an open mind to digest a redirection, besides losing the application money and time.
          VEENA
          (NOT LEGAL ADVICE)

          Comment


          • #6
            Thanks Veena..Please help me..

            Will they give the redirection even though there was H1 B stamped in the passport earlier...

            In my case..
            I got H1b stamped in 2000 but I never travelled on that..
            When I was travelling on B1 in 2004. The H1 got cancelled w/o prejudice. Again from 2005 I am working here on L1B.

            Still will I be redirected to home consulate because my current H1 petition is applied as a fresh application...

            Thanks a lot for your help..
            -Shekar
            Last edited by naani78; 09-10-2005, 01:36 PM.

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