L1 to h1 status change

[vrsale]

Hi ,

I am on L1 since Dec 2008 and also approved H1 petition which was filed in April 2008. I want to switch on H1 but most of the company told me that L1 to H1 status only can only work If I would have filed the H1 from here . If that is the situation how can I change my status from L1 to H1 ?

Regards,
Vj

[shervin143]

The H1B employer need to file a COS from L1 to H1B (Using the CAP from the existing H1B approval notice) and when that gets approved, you can work for the H1B employer. If the petition is approved as a COS, then upon approval you can no longer work for the L1 employer unless you leave the country immediately and re-enter back in L1 visa (In which case you cannot work for the H1B employer).

[vrsale]

Is this the same employer (who filed my H1 in 2008) or any one can do the change of status .

Thanks,
Vj

[shervin143]

Any employer can file the COS.

Is this the same employer (who filed my H1 in 2008) or any one can do the change of status .

Thanks,
Vj

[vrsale]

Thanks Shervin for quick reply ,
I tried to do this from one of the employer but they said its not possible . How can I put in to their mind is there legal clause associated with this so I can ask them to refer that.

Regards,
Vj

[shervin143]

Ask the employer to consult a good immigration attorney. The CAP is the same irrespective of whether the H1B was filed when you are in U.S or India. The employer will still need to file a new petition. But they don't have to wait until April for the CAP to open. They can file a new H1B petition under your old CAP (assuming you haven't used all 6 years in that CAP) and request an immediate start date.

You can also try a different employer.

[dearsboa]

I have similar situation.

What if the employer gives only the I797C, Notice of Action softcopy, not the original approved petition or softcopy of it? Can we still approach another employer to apply L1 to H1 COS using I797C ?

Thanks in Advance

[shervin143]

Yes. All that is required is the receipt number from the approval notice to prove that you are already CAP counted.

I have similar situation.

What if the employer gives only the I797C, Notice of Action softcopy, not the original approved petition or softcopy of it? Can we still approach another employer to apply L1 to H1 COS using I797C ?

Thanks in Advance