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L1 to H1B - Change of Status

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  • L1 to H1B - Change of Status

    Dear Friends,

    Currently I am working in L1 VISA (individual petition) and my VISA is going to expire in December 2012. Now one of the consultant is filing the H1B visa with change of status request, at the same time my current company is planning to extend my L1 Visa. I have few questions on this situation.


    1. Once my H1B is approved did my status will be changed automatically?
    2. If I would like to continue in L1B after get the approval of H1B, can i do that?
    3. One of my friend told that, no matter What; I need to resign the current company on october 1st once my new H1B is approved, is it true?


    Please help here...... Thanks in advance.

  • #2
    1. Once my H1B is approved did my status will be changed automatically?
    >>> Yes. That is what a change of status means. If you don't want that to happen, then ask the employer to file the petition for consular process. In that case, you cannot work for the H1B employer unless you get the H1B visa stamped and return back in H1B visa or the employer files a COS later.

    2. If I would like to continue in L1B after get the approval of H1B, can i do that?
    >>> Leave the country before the H1B petition becomes effective and return back in L1 visa after the H1B effective date. Search and read about leap frog.

    3. One of my friend told that, no matter What; I need to resign the current company on october 1st once my new H1B is approved, is it true?
    >>> If the H1B is approved as a COS and if its effective date is Oct 1st, then you should be working for the H1B sponsor as of Oct 1st. Any employment with the L1 employer after that is illegal unless you do a leap frog.
    Not a legal advice. Use of this information is strictly at your own risk.

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