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L1b to H1b

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  • L1b to H1b

    Hi ,

    I work with a Indian IT company. I am not a L1b visa since last 2 years and 8 months. I have a i94 valid till 2016.

    My current employer had filed for my H1b and i have a approved i797 . I have a scanned copy of the i797 , this was filled without a change of status . I have been asked to travel to India to get a stamping done.

    SO i believe , my current status is still L1b.

    Now , the customer i work for is interested to offer me a full time position.

    Can i change jobs on the basis of a approved i797 , which has been never used?

    Do i still need to get 3 months of pay stubs?

    Also , How much longer can i stay in USA without the green card being filed?

  • #2
    Can i change jobs on the basis of a approved i797 , which has been never used? --> Yes

    Do i still need to get 3 months of pay stubs? --> Yes. You must be in legal status and getting paid in oder to maintain legal status.

    Also , How much longer can i stay in USA without the green card being filed? --> L1 + H1 time = 6 yrs
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      Thanks a lot for your response ,

      i meant to ask if i pay stubs from my L1b status would work?

      I have never used the H1b.

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      • #4
        Yes. Those are the only pay stubs you are expected to have. They will work.
        Check out H1 FAQs first!
        http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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        • #5
          Hi,
          I think this thread will be the best to put my query. I have a query related to conversion from L1-B to H1-B. My situation is as below.


          I entered USA on L1-B visa in Nov-2014. However, I have an approved H1-B petition from last year's H1-B visa process from the same employer. I do not have the H1-B visa stamped and, hence, my status in USA is on L1-B.

          How can I, now, change my status in USA from L1-B to H1-B? Is it necessary to get H1-B stamped on my passport to change my status? Is there a way to change my status to H1-B without leaving the country and / or without getting the visa stamped on my passport?

          If stamping is required, is there a deadline by when this should be done? And can I get the visa stamped from Canada?

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          • #6
            Its always good to start a new thread as every scenario is different.

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