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  • Change of Status

    Hi all,

    I am currently in US with L1A Visa. My current applied for both H1B and L1A together when I was in India. Both got approved, but I used L1A to come to USA (hoping for GC using EB1).

    Now since I am looking another job, can I use my H1B that was approved to find another employer? or do I have to either change my status to H1B with the current employer first? If I dont change the status to H1B, can my new employer still file for my new H1B with cap-exempt?

    Another option is to go to India and get H1B stamping and then look for another job, but I dont prefer re-stamping.

    Thanks for your help!

  • #2
    Yes a new employer can file H1 for you using your previously approved H1, which would be cap exempt.
    Just an opinion; Not legal advice.


    • #3
      Thanks scientist2016 for your reply.
      Just a quick clarification here. My approved H1B was done as a visa application when I was in India, and not as a 'Change of Status' in USA. So does that Visa still holds valid for filing the CoS with the new employer? Appreciate your help.


      • #4
        Yes you had a valid H1, and hence a different employer can file a cap exempt H1 for you.
        Just an opinion; Not legal advice.


        • #5

          I came in US with L1B VISA which is valid till May 2020. My I140 got approved. I was holding a previous H1B VISA from a different company. The current company applied for a change of status based on H1B and then applied extension based on I140. Which got approved. So, basically my change of status done. So, I think I am on H1B VISA.

          My question is can I travel to India via Frankfort as even though I am holding an H1B petition but I have valid L1B VISA? Also, if required can I come back to US with L1B VISA without stamping H1B?

          Thank you.