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  • L1 to H1 transfer

    Hi, I am currently in US on L1 visa. I have got my H1 petition done in 2006 and which is going to expire in 2009. I went to L1 stamping in 2008. I have not gone for H1 stamping to the consulate yet. Firstly, Is my H1 petition still in valid state. I believe they wouldn't have cancelled my H1 petition while doing my L1 petition, is that correct?. My L1 petition is done in 2008. Secondly, How to transfer the status from L1 to H1 being in US itself not going back to india. Do i need to do that with the same employer who sponsered my H1 or i can do it with any body? If L1 to H1 transfer is possible then how long is going to take and how much it is going to cost. Please help me in this regard. Thanking you in advance. Nag

  • #2
    A previously approved H1 can be transferred to any employer. This is essentially a new petition NOT subject to cap. You can get the remainder H1 time. L1 + H1 = 6 yrs.

    If you want to convert to H1 for the same employer, the current employer will need to apply for a Change of Status from L1 to H1 using I-129.

    This can also be done by any other employer if you have the H1 I-797 approval notice copy/visa stamp.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      Hi, Thanks for your quick response. When I spoke to my H1 sponsper employer for change of status. They said they are going to process brand new petition and i need to pay around 2K $. Also, when the COS is done i need to start working for them from that day. Is it true?

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      • #4
        Originally posted by vknag
        Also, when the COS is done i need to start working for them from that day. Is it true?
        Yes. The day COS is approved, you are on H1b and should not work on L1 for the L1 employer.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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