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Can I change company when I have H1 visa and L1B extension is going on??

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  • Can I change company when I have H1 visa and L1B extension is going on??

    Hi, My visa has been changed from L1B to H1 last year(2017) from the same company. During that time I didn't have visa, I94 for 3 months when my L1B extension is in process. Still this extension process is going on and my visa status has been changed to H1(Last October). Can I switch to another company with my existing H1 visa?? or Do I need to wait to get the L1B extension result?? Please provide your valuable suggestion. I am getting confused with these visa statuses. Thank you.

  • #2
    Originally posted by rams1203 View Post
    Hi, My visa has been changed from L1B to H1 last year(2017) from the same company. During that time I didn't have visa, I94 for 3 months when my L1B extension is in process. Still this extension process is going on and my visa status has been changed to H1(Last October). Can I switch to another company with my existing H1 visa?? or Do I need to wait to get the L1B extension result?? Please provide your valuable suggestion. I am getting confused with these visa statuses. Thank you.
    If you have an approved H-1B petition, you should be able to change to companies. I'm not sure what your status history looks like, but it sounds like in the worst case, you could travel abroad and obtain an H-1B visa based on the new employer's H-1B petition and then go to work for the new employer when you get back to the US. That trip abroad should cancel any L-1 change or extension of status pending with USCIS.

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    • #3
      Can't I change company without H1 visa stamping when L1 extension got rejected

      Originally posted by francesjacobgreene View Post
      If you have an approved H-1B petition, you should be able to change to companies. I'm not sure what your status history looks like, but it sounds like in the worst case, you could travel abroad and obtain an H-1B visa based on the new employer's H-1B petition and then go to work for the new employer when you get back to the US. That trip abroad should cancel any L-1 change or extension of status pending with USCIS.
      Thank you Jacob for your reply and for your valuable time. I agree with your suggestion and I have a doubt here:

      a)My L1B extension status is still in pending (Applied last year by same company) and
      b)My H1 petition got approved last year but stamping not done yet(by same company)

      If I want to move to another company here in US, do I need to compulsory go to abroad for H1 visa stamping??
      Suppose If my L1B extension got approved , what would be the situation? or
      If my L1B extension got rejected, H1 will be activated for sure. Do I need to go for stamping abroad in this situation??

      Can't I CHANGE company without H1 visa stamping??

      Please let me know if you have any idea on this. Thank you.

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