L1 to H1

[ussinghhi]

I read serveral L1 to H1 cases but could find sismilar to mine so I am opening this thread to know if anyone of you can suggest something
1. I am currently employed through L1 with employer A with stamped visa till dec 11
I too had a H1 approved petetion that was approved in 2008 when I was in India after that I travelled with company A on L1
Now I want to change my employer from L1 to H1
what my H1 company tells is Simply resign from L1 company and Join H1 company and when the salary from H1 company will start you will automatically become his employee and I don't need to do anything as my H1 didn't got approved in US with COS.
Please let me if anyone know some details of this process.

[shervin143]

That is a load of crap. Your H1 company should file a COS from L1 to H1B and that should get approved for you to even start working for the H1B employer (That is, if you are trying to move from L1 to H1B status from within U.S). Simply quiting the L1 employer and joining the H1B employer will put you out of status on L1 and will make your employment with H1B employer illegal.

Alternatively, you can leave the country, get the H1B stamped (if you don't already have a valid H1B stamped in your passport) and return back in H1B visa and start working for the H1B employer.

Instead of joining a company that gives you wrong directions, I would suggest you to find a better employer and transfer your H1B.

[ussinghhi]

L1 to H1

Thanks for the quick reply
I quickly have gone through the I539(COS) form instructions I can see that its only for dependants of H1 and L1 category point number 7 and 9 and it no where talks about either of H1 or L1 category.
Please comment.

[shervin143]

You cannot file the COS from L1 to H1B on your own. Your employer will have to file it and it is NOT form I-539, its I-129.

[ussinghhi]

L1 to H1

Thank a lot for you reply
My last thing is what all form do the company need to fill for change of status from L1 to H1 and what is the procedure so that I can direct my company Immigration Team.
Also I have dependants too do they need to file other forms for them ?

[shervin143]

>>> Like mentioned before, they will need to file form I-129. You have to provide the below listed documents.
http://www.immihelp.com/forum/showthread.php?t=75721

Thank a lot for you reply
My last thing is what all form do the company need to fill for change of status from L1 to H1 and what is the procedure so that I can direct my company Immigration Team. Also I have dependants too do they need to file other forms for them ?

[ussinghhi]

L1 to H1

As per my company L1 to H1 conversion takes about 2 weeks in preimium and 2-3 months normally
so they have decided to go for stamping in India.
But here my question is
1. Can I travel my self to India and get stamped there and if the stamping gets rejected for any reason I can still travel back on stamped L1.
2. I need not to take my dependants for the stamping to India as they are in valid status right now and once I come back can apply for their change of status from L-2 to H4 with them to travel to India.

[shervin143]

My advise is to apply for a COS from L1 to H1B for you and L2 to H4 for your depends from within U.S. Premium process will take hardly 15 days (assuming there are no RFE's) and an additional $1000. The only problem is, once the COS gets approved, you can no longer work for the L1 employer.

1. Can I travel my self to India and get stamped there and if the stamping gets rejected for any reason I can still travel back on stamped L1.
>>> Well, that depends on whether your L1 gets cancelled when you go for H1B stamping. If your L1 is left alone, then you can travel in L1. If your L1 gets cancelled, then you endup applying a new L1 visa.

2. I need not to take my dependants for the stamping to India as they are in valid status right now and once I come back can apply for their change of status from L-2 to H4 with them to travel to India.
>>> The problem is, if you enter U.S in H1B visa, then your status will become H1B effective the date you entered U.S and at the same time, your dependents who are in L2 staus will go out of status since you are no longer in L1. When someone is out of status (even for a very slim period), there are chances that their COS from L2 to H4 could get denied or get approved as a consular process instead of a COS. In which case, they will endup having to go out of the country to get their H4's stamped.