Job change in US on Approved H1 (not stamped yet)

[visahelp17]

I am currently in US on an L1 visa which is under a renewal process and I am staying on the 240 day grace period which is allowed while the L1 application is filed for renewal. I also have an approved H1 from the same employer but I do not have it stamped as I have not left US so far (My H1 was filed as counsular petition).

My question is whether I can change job on the approved H1 with only the approved petition or do I need to go to India to get the H1 visa started and stamped first through the current employer. Also does this have any impact on the stamping in case this is a valid scenario.

[raghvi]

I am currently in US on an L1 visa which is under a renewal process and I am staying on the 240 day grace period which is allowed while the L1 application is filed for renewal. I also have an approved H1 from the same employer but I do not have it stamped as I have not left US so far (My H1 was filed as counsular petition).

My question is whether I can change job on the approved H1 with only the approved petition or do I need to go to India to get the H1 visa started and stamped first through the current employer. Also does this have any impact on the stamping in case this is a valid scenario.

I am assuming your L1 I-94 has expired. If that is the case a COS to H1 by current company or any other employer will depend upon you first securing a valid L1 extension approval.

So to answer to your question, if you want to move to H1 before your L1 decision then , yes , you would need to get H1 stamping done first.

This is my opinion not legal advice.