Can L1 could be converted to H1 and change the employer ?

[sundaramoorthi]

Hi ,

I had H1B which has got expired last year. Now I am on L1 and working with the same employer who had done my expired H1B as well.
Is there a way I could convert my L1 to H1 and change the employer legally ? If yes, Can you please let me know the procedure ?

Thanks,
Sundar

[raghvi]

Hi ,

I had H1B which has got expired last year. Now I am on L1 and working with the same employer who had done my expired H1B as well.
Is there a way I could convert my L1 to H1 and change the employer legally ? If yes, Can you please let me know the procedure ?

Thanks,
Sundar

Do you have the approval notice of the applied H1? If yes, using the approval notice another employer can file a cap exempt H1 for you and once approved you can start working for that employer immediately. Also, once L1 to H1 Change of Status is approved while you are in US you must work for get paid by H1 employer.

This is my opinion not legal advice.

[sundaramoorthi]

Do you have the approval notice of the applied H1? If yes, using the approval notice another employer can file a cap exempt H1 for you and once approved you can start working for that employer immediately. Also, once L1 to H1 Change of Status is approved while you are in US you must work for get paid by H1 employer.

This is my opinion not legal advice.

Hi Raghvi,

Thank you so much for your response on this. I do have my old H1B Petition with me (From where I can check the Petition# etc).
My question is more of whether this is doable legally or not. If yes, I believe that I can pass my older H1B petition# to the new employer who can file the cap exempt for me as you have explained. So once that transfer is done, My L1 gets invalid right ?

[raghvi]

Hi Raghvi,

Thank you so much for your response on this. I do have my old H1B Petition with me (From where I can check the Petition# etc).
My question is more of whether this is doable legally or not. If yes, I believe that I can pass my older H1B petition# to the new employer who can file the cap exempt for me as you have explained. So once that transfer is done, My L1 gets invalid right ?

Yes it is doable if H1 petition was filed within last 6 Years. Once L1 to H1 Change Of Status is approved, you would cease to be on L1 status from the COS effective date, and would be on H1 status. In order to maintain H1 status you should work for and get paid by H1 employer.

This is my opinion not legal advice.

[deepakmanchanda]

L1b blanket to H

Hi, I am just one year old in US and want to ask can I change my job from L1b Blanket Intercompany transfer to another organization inside US? Reason been, my organization told me a long term plan for 3 or more years but now they want me to wrap up after one year and its not that easy to do, I am sure you guys are well aware of this. Please suggest. My L1B visa expires in 2017

[raghvi]

Hi, I am just one year old in US and want to ask can I change my job from L1b Blanket Intercompany transfer to another organization inside US? Reason been, my organization told me a long term plan for 3 or more years but now they want me to wrap up after one year and its not that easy to do, I am sure you guys are well aware of this. Please suggest. My L1B visa expires in 2017

Please dont hijack an existing thread. If you never had an H1 then you first need to get yourself counted as part of an H1 cap, the current year cap is closed, the next will open only in April 2016 with a ctart date of Oct 2016.

This is my opinion not legal advice.

[deepakmanchanda]

Please dont hijack an existing thread. If you never had an H1 then you first need to get yourself counted as part of an H1 cap, the current year cap is closed, the next will open only in April 2016 with a ctart date of Oct 2016.

This is my opinion not legal advice.

I am sorry if you feel I am, but no intentions to, trust me. Thanks for your reply.