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Change of status from L1 to H1

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  • Change of status from L1 to H1

    Current Status :
    I am in the US on L1B Visa valid till April 2008.
    Applied for an extension (for 1 year).

    I have already (fortunately enough) made it through the H1 lottery this year and I am eligible to work from 1st Oct 2007 for my new employer (who sponsored my H1). Currently I am here on an L1 visa for my current employer.

    I need to plan to switch my job by early next year.

    Constraints:
    1) I need to give 2 months notice to my current
    employer
    2) If I leave without giving any notice, I need to pay
    5k USD
    3) Don't want to be out of status even for a while.

    Solution:
    Apply for my change of status from L1 to H1
    Get an approval
    Give 2 months notice to my current employer (for L1
    visa)
    Join the employer who had processed my H1 visa.

    Questions:
    1) How long does it take to change my status from L1
    to H1?
    2) Once I receive an approval for change in status, Is
    there any fixed timeframe within which I need to join
    my new employer (who processed my H1) according to INS rules?

  • #2
    L1 and H1

    Current Status :
    I am in the US on L1B Visa valid till April 2008.
    Applied for an extension (for 1 year).

    I have already (fortunately enough) made it through the H1 lottery this year and I am eligible to work from 1st Oct 2007 for my new employer (who sponsored my H1). Currently I am here on an L1 visa for my current employer.

    I need to plan to switch my job by early next year.

    Constraints:
    1) I need to give 2 months notice to my current
    employer
    2) If I leave without giving any notice, I need to pay
    5k USD
    3) Don't want to be out of status even for a while.

    Solution:
    Apply for my change of status from L1 to H1
    Get an approval
    Give 2 months notice to my current employer (for L1
    visa)
    Join the employer who had processed my H1 visa.

    Questions:
    1) How long does it take to change my status from L1
    to H1?

    ---- If you have an approved H1 and you want to join the same employer, you need to go out of the country seeking a Visa interview at a US Consulate, get the Visa stamped on your Passport and then return to US on H1 Visa, get a I-94 for H1 at the POE and then start working for that employer

    ---- The COS from L1 to H1 can only be done in April 2008, when you apply for a fresh H1. However, since you already have a H1, this scenario does not arise

    2) Once I receive an approval for change in status, Is
    there any fixed timeframe within which I need to join
    my new employer (who processed my H1) according to INS rules?

    ---- Read above

    Subramanya

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