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L1 to H1 -change of status

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  • L1 to H1 -change of status

    I am currently on L1 visa with employer A and also have my H1B petition approved ( notify only) by the same employer . My question is, is it possible for me to apply for change of status from L1 to H1 and my wife from L2 to H4 whiile staying in the US only or do I need to go out of US for H1B stamping for change of status.
    Thanks

  • #2
    Why was the H1B approved for Consular process instead of COS? If the employer file a COS or did they just file for Consular process? If the H1B was filed as a COS from L1 but it actually got approved as Consular process, then there should be valid reason for that. In such case, filing an amendment to change the status to H1B will not work unless it was a USCIS error.

    If the employer has request for a Consular process, then they can file an H1B amendment to change it to a COS. Whether it will get approved or not is no ones guess.
    Not a legal advice. Use of this information is strictly at your own risk.

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