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L1B to H1B Tranfer

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  • L1B to H1B Tranfer

    Hi All

    I am now employed with Organization A on a L1B visa and now there is an Oraganization "B" ready to provide me H1 in this october slot(Conversion of L1to H1). I would like to know If I get my L1 converted to H1 then Is it possible for me to work with organization A after october say for two months until i get my releiving letter(during my notice period) ?

    Can someone please help me.

    Regards

  • #2
    If H1 is filed as consular processing (without change of status), you can continue working for the L1 employer as long as you like (as long as L1 I-94 is valid). But in order to change to H1 you will then need to leave the US, obtain an H1 visa and return in H1 status to start working for the H1 employer.

    Alternatively your H1 employer can file the petition now with premium processing and get a decision within 15 days (21 days including LCA filing). Once that is approved with change of status effective Oct 1, you can give your notice and serve notice period until Sep 30 and join the H1 employer on Oct 1.

    Also alternatively, your H1 employer can request a start date of up to 6 months in the future. So if you want to join them on say Dec 1, they can file this petition right now requesting Dec 1 start date.


    You can choose any of these options. But remember once petition is approved with change of status, you cannot work for the L1 employer even 1 day after the effective start date and moreover you must start working and getting paid by the H1 employer from this date.
    This is my opinion and not legal advice.

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    • #3
      Hi

      Thankyou for the reply. I have an other question. Generally in which month does the filling(paper work) for the H1 starts? ( L1 to H1 change of status).From the date of filing within how many days we will come to know if the visa is approved or not?
      Can you please let me know

      Regards

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      • #4
        Generally in which month does the filling(paper work) for the H1 starts? ( L1 to H1 change of status).
        >>> If it is a fresh h1B petition, then the filing start in the month of April. You can file until the CAP remains open.

        From the date of filing within how many days we will come to know if the visa is approved or not?
        >>> Normal processing time for the petition approval is 2-3 months. By premium processing you will get the result within 15 days.
        Not a legal advice. Use of this information is strictly at your own risk.

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