L1B to H1B Change of Status

[kumartjc]

This is really urgent. Looking for some help!

I have traveled to USA on L1B Visa and prior travelling to USA I have been filed for H1B by a consultant and the petition has been approved sometime in mid of June, 2014 and entered to US on L1B by end of June, 2014 without prior knowledge of H1B petition approval.

Now, I would like to leave my current employer with whom I am working on L1B and move to the consultant payroll on H1B. However, the consultant has raised a concern that L1B to H1B change of status cannot be done for me due to the fact that my H1B filing was done when I was in India and I need to go back to India and get the Visa stamping done to work on H1B.

I had gone through USCIS website and could not find anything specific with regards to the above said concern raised by my consultant.

Has anyone aware of such restriction exists and I appreciate if someone could provide details with regards to above said change of status issue.

Thanks


Kumar

[raghvi]

This is really urgent. Looking for some help!

I have traveled to USA on L1B Visa and prior travelling to USA I have been filed for H1B by a consultant and the petition has been approved sometime in mid of June, 2014 and entered to US on L1B by end of June, 2014 without prior knowledge of H1B petition approval.

Now, I would like to leave my current employer with whom I am working on L1B and move to the consultant payroll on H1B. However, the consultant has raised a concern that L1B to H1B change of status cannot be done for me due to the fact that my H1B filing was done when I was in India and I need to go back to India and get the Visa stamping done to work on H1B.

I had gone through USCIS website and could not find anything specific with regards to the above said concern raised by my consultant.

Has anyone aware of such restriction exists and I appreciate if someone could provide details with regards to above said change of status issue.

Thanks


Kumar

Seems your original H1 was approved as consular process, but there is no rule that an already approved consular process cannot be converted to a COS petition and that would not involve going out of the US. So, I do not see why your employer has that concern unless they are not confident of getting a COS.

This is my opinion not legal advice.