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Converting status of stay from L1-B to H1-B with same employer

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  • Mithran
    replied
    Hi,

    I have the similar situation.

    I have my L1B valid till July 2016 and would like to convert to H1B.

    1) My current employer is planning to file the H1B petition this year on 1-April-2015, once H1B gets approved in Sep/oct 2015, then what is the process to convert my L1B to H1B.

    2) If L1B to H1B is converted, should I need to travel for my home country and get the H1B stamping to work in US for the same employer or i can continue to work in H1B status for the same employer without travel to home country for H1B stamping.

    Thanks

    Leave a comment:


  • adi_inUSA
    replied
    Thanks for your response. Would you also be able to tell me if there is a deadline when this needs to be done? Does my petition expire if I don't change my status or get visa stamped by a certain date?
    Also, is it necessary to get the visa stamped or I can just change the status and then switch jobs without stamping?

    Leave a comment:


  • DMX17
    replied
    Originally posted by adi_inUSA View Post
    With H1, I have the flexibility of moving jobs while with L1 I do not. And since I already have an approved H1 petition, do they need to file CoS?
    Yes. Employer has to file a COS to change your status to H1.

    Leave a comment:


  • adi_inUSA
    replied
    Originally posted by raghvi View Post
    Any particular reason why you would want to move from L1 to H1 for the same employer? Your employer would need to file a COS from L1 to h1 for you if you wish this to happen.

    This is my opinion not legal advice.

    With H1, I have the flexibility of moving jobs while with L1 I do not. And since I already have an approved H1 petition, do they need to file CoS?

    Leave a comment:


  • raghvi
    replied
    Originally posted by adi_inUSA View Post
    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 (2014) H1-B visa process from the same employer. However, I do not have 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?
    Any particular reason why you would want to move from L1 to H1 for the same employer? Your employer would need to file a COS from L1 to h1 for you if you wish this to happen.

    This is my opinion not legal advice.

    Leave a comment:


  • Converting status of stay from L1-B to H1-B with same employer

    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 (2014) H1-B visa process from the same employer. However, I do not have 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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