L1 to H1 Change of Status

[parc434]

I am on currently working for Comp A on L1 and my I 94 is valid till end of Sep 2012. I got H1 B approved for Comp B for 2012 which would start from Oct 2012. Can I apply for COS from L1 to H1 or do I need to go for stamping? Please advise.

[raghvi]

I am on currently working for Comp A on L1 and my I 94 is valid till end of Sep 2012. I got H1 B approved for Comp B for 2012 which would start from Oct 2012. Can I apply for COS from L1 to H1 or do I need to go for stamping? Please advise.

If it was applied as COS yes you can, if not then you would have to get H1 stamped prior to working. Did you get a new I-94 along with the H1 approval?

This is my opinion not legal advice.

[parc434]

If it was applied as COS yes you can, if not then you would have to get H1 stamped prior to working. Did you get a new I-94 along with the H1 approval?

This is my opinion not legal advice.

Thanks for your reply Raghvi, it was not applied as COS and hence there is no new I94. My question is can I apply now for COS based on approved petition, e.g amendment?

[raghvi]

When is your current I-94 expiring? Is it possible to file amendment to an approved petition. It would have to be done before current I-94 expiry. Again, it will at the discretion of USCIS to approve the amendment from consular process to change of status. Documents will have to be provided as to why is it required? Also there is cost associated with it. This is my opinion not legal advice.

[parc434]

When is your current I-94 expiring? Is it possible to file amendment to an approved petition. It would have to be done before current I-94 expiry. Again, it will at the discretion of USCIS to approve the amendment from consular process to change of status. Documents will have to be provided as to why is it required? Also there is cost associated with it. This is my opinion not legal advice.

Its in Sep 28 2012, 2 days short of Oct 1