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L1 to H transfer

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  • L1 to H transfer


    I filed for H1B visa when I was in India thru company ABC and petition approved.
    But I got a chance thru company XYZ to come to US on L1 Blanket.so now I have I-94 and also took SSN with my L1 visa.

    I know I can change my status from L1 to H1(by filing change of status). My question is once Change Of Status is approved, Do I need to go out of country to start working?(and need to get fresh I-94)or can I work for my H1B company(ABC) with out leaving US.

    Reason I'm confused is when I applied for H1B in India I didnt have the L1 visa.
    After getting the approval notice I got L1 stamped and came to US.

    Please clarify me of this confusion.

  • #2
    When you apply for a COS from L1 to H1B, and if the COS gets approved, it will come with a new I-94. So you don't need to leave U.S to work for the H1B employer. You will need the H1B visa only when you leave the country and want to return back in H1B status.

    You need to go out of the country and get the H1B stamped and return back in H1B only if the H1B is approved as a consular process (H1b approved, but no new I-94 atached to the approval notice).

    However, keep in mind that if you apply a COS, then starting the effective date of the COS, you can no longer work for the L1 employer.
    Not a legal advice. Use of this information is strictly at your own risk.