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L1 to H1 transfer:urgent

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  • L1 to H1 transfer:urgent

    Hi,
    I entered into US in sep'2007 with company A sponsored L1. I applied for H1 through Company B in oct 2008 and got my I-797B,I-129, LCA. Right now my term of L1 is expired and company A want me to go back to India. I want to move to Company B now. Can I continue to stay in US on H1 with out going back to India as I am planning to resign for company A. Is it legal to stay or I have to move bak India and get my H1 visa stamped.
    please suggest me ASAP.
    Thanks in advance,
    krishnakishore

  • #2
    Unless you get your status changed to H1B you cannot work for the H1B employer. You need to apply for a change of status to H1B. If it gets approved, then you can stay in U.S and work on H1B. If not, you will have to leave U.S, get the H1B stamped and re-enter U.S in H1B visa.

    Staying in U.S to work for the H1B employer without the COS to H1B approval will make you an illegal alien.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks for your quick reply.
      How do I apply for change of status(COS)? form.?
      Is it I shall apply for COS.? or it should it be through my employer who had provided me the approved H1-B.(I-797B - it does not have I-94 attached to it)

      Thanks in advance
      krishnakishore

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      • #4
        It should be done by your employer. When the COS gets approved, you will get a new approval notice with the I-94 attached to it (I-797A).
        Not a legal advice. Use of this information is strictly at your own risk.

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        • #5
          Thanks for your reply.
          How long does it take to apply for COS (just appx.).Is it legal to stay in US at the time of process of COS.

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          • #6
            How long does it take to apply for COS (just appx.)
            >>> Applying for COS is in the hands of your employer. He can do it anytime. Approval will take anywhere between 2 -3 months by normal process and 15 days by premium process. Once COS gets approved, you need to stop working for the L1 employer immediately starting the effective "Valid From" date in the new I-94.

            Is it legal to stay in US at the time of process of COS.
            >>> You can stay as long as your L1 I-94 hasn't expired and you are maintaining the status by working for the L1 employer. Don't stay beyond the L1 I-94 expiry. So plan accordingly and apply for the COS o H1B at the right time.
            Last edited by shervin143; 12-20-2009, 02:10 PM.
            Not a legal advice. Use of this information is strictly at your own risk.

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