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L1 to H1 Petition approved, but no I 94

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  • L1 to H1 Petition approved, but no I 94

    Hello,

    I entered US in 2013 with a L1B Visa from my current employer. I re-entered US in 2015 (after a vacation) at that point i got I-94 validity till 2018. My company applied for H1 in 2015 (not sure if it was a change of state) and I have an approved H1 petition from Oct'15 to Sep'18. However no I94 has been issued with the petition. I checked my I94 status online, it still shows up as L1. I would like to understand what needs to be done to change to H1 status? Can this H1 be transferred to a different employer without going out of the country?

    Thanks
    Swathik

  • #2
    Originally posted by tkswathik View Post
    Hello,

    I entered US in 2013 with a L1B Visa from my current employer. I re-entered US in 2015 (after a vacation) at that point i got I-94 validity till 2018. My company applied for H1 in 2015 (not sure if it was a change of state) and I have an approved H1 petition from Oct'15 to Sep'18. However no I94 has been issued with the petition. I checked my I94 status online, it still shows up as L1. I would like to understand what needs to be done to change to H1 status? Can this H1 be transferred to a different employer without going out of the country?

    Thanks
    Swathik
    If it didnt come with a new I-94 then it most probably was applied as consular process. Now in order to move to H1 with same employer, the employer needs to file a COS from L1 to H1. If it is a different employer then they need to file a cap exempt petition as COS, and once that is approved with a new I-94 then you must work and get paid by the new employer.

    This is my opinion not legal advice.

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