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L1 to H1 & H1 transfer will get I-94 attached ?

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  • L1 to H1 & H1 transfer will get I-94 attached ?

    Hi All,
    I have been working in USA since 1 year on L1 visa. When I was in India, I have also filled H1 petition from different company. After that I came to USA on L1 and working since 1 year since year. My H1 got approved 6 months ago. When I filled my H1 I was in India so I did not get my I-797 with I-94 attached. I can’t work on H1 without stamping because of no I-94 attached with I-797, is this correct ?. I don’t want to go for stamping right now, so if I ask my H1 filled company to file a abundant for this will take a 6 to 12 months time, I don’t want to do that.
    If I apply for H1 Transfer to different company, will new I-797 comes with I-94 attached, because right now I’m on L1 visa and have valid I-94. So If I submit my current L1 I-94 for H1 transfer , the new I-797 will attached to this I-94 or not ? If new I-797 comes with I-94 then what about L1 status?
    Please advise me ASAP.

    Thank you,
    Vamsi

  • #2
    Originally posted by vamsi_kriss
    Hi All,
    I have been working in USA since 1 year on L1 visa. When I was in India, I have also filled H1 petition from different company. After that I came to USA on L1 and working since 1 year since year. My H1 got approved 6 months ago. When I filled my H1 I was in India so I did not get my I-797 with I-94 attached. I can’t work on H1 without stamping because of no I-94 attached with I-797, is this correct ?. I don’t want to go for stamping right now, so if I ask my H1 filled company to file a abundant for this will take a 6 to 12 months time, I don’t want to do that.
    If I apply for H1 Transfer to different company, will new I-797 comes with I-94 attached, because right now I’m on L1 visa and have valid I-94. So If I submit my current L1 I-94 for H1 transfer , the new I-797 will attached to this I-94 or not ? If new I-797 comes with I-94 then what about L1 status?
    Please advise me ASAP.

    Thank you,
    Vamsi
    Yes, you find a new "H1 filled company" to file for a transfer instead a "abundant". Once its approved with a new I-94, you'll be on H1 and no more on L1.

    Also, you can file for a COS from L1 to H1.

    Comment


    • #3
      After the abundant* filing of H1b and approval of the abundant* COS, L1 becomes void.

      * whatever that means.

      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.

      Comment


      • #4
        Ok, some gyan:

        filled = filed
        H1 filled company = H1 filing company
        abundant = amendment (this is the winner of course )

        (This wordlist is my guess but of course on approval of OP.)

        Comment

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