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  • L1B to H1B COS

    Hi,
    I am on L1B visa in US with company A. I had files H1B with employer B for FY 2017 and its picked up in lottery, and as per employer B they have filed COS also while filing H1B petition with USCIS.
    So my questions are as follows:
    1. How would I come to know if employer B has really filed COS with H1B petition?
    2. If COS is really filed then will my L1B be automatically cancelled on October 1st when H1B will be effective?
    3. If ans of que is Yes then is there any way to stop L1B to be cancelled and also H1B to remain valid?

    Please look into the queries and help. Thanks.

  • #2
    Originally posted by l1bwithh1b View Post
    Hi,
    I am on L1B visa in US with company A. I had files H1B with employer B for FY 2017 and its picked up in lottery, and as per employer B they have filed COS also while filing H1B petition with USCIS.
    So my questions are as follows:
    1. How would I come to know if employer B has really filed COS with H1B petition?
    2. If COS is really filed then will my L1B be automatically cancelled on October 1st when H1B will be effective?
    3. If ans of que is Yes then is there any way to stop L1B to be cancelled and also H1B to remain valid?

    Please look into the queries and help. Thanks.
    1. You will know only after you get I797 approval notice. If applied as COS, approvsl notice will include I94 in the bottom.
    2. Your L1B visa will not be cancelled but you will no longer be on L1B status on or after Oct 1.
    3. If you want to continue on L1 status, your employer has to send a letter to USCIS to cancel the COS. Alternatively, you may leave US and re-enter on L1 visa before your H1 is approved. That will abandon your L1 to H1 COS.
    This is just my opinion, not a legal advice.

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