Change of Status

[pusmes]

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!

[scientist2016]

Yes a new employer can file H1 for you using your previously approved H1, which would be cap exempt.

[pusmes]

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.

[scientist2016]

Yes you had a valid H1, and hence a different employer can file a cap exempt H1 for you.

[raysandi]

Hello,

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.