Bluemoon022 Posted March 27, 2019 Report Share Posted March 27, 2019 Current Status: L1B I am currently working for Company X on L1B Visa and is based in USA and it Expires on March 2020. Company X also filed for my H1B visa and petition was approved with Consular Processing. My Questions: 1. Do I need to leave USA Immediately and get my H1B Stamp? 2. Can I now file for Change of Status from L1B to H1B cap exempt with Approved H1B Petition and continue staying in USA? Thank you all in advance. Quote Link to comment
xTDx Posted March 27, 2019 Report Share Posted March 27, 2019 1 hour ago, Bluemoon022 said: My Questions: 1. Do I need to leave USA Immediately and get my H1B Stamp? 2. Can I now file for Change of Status from L1B to H1B cap exempt with Approved H1B Petition and continue staying in USA? Thank you all in advance. 1- No, you can work until your l1b expires and leave. Get h1b stamp and come back on valid h1b. Assuming max allowable l1b+h1b time. 2- Why your employer didn't file change of status to h1b along with h1b application ? In theory if you are maintaining status on l1, any employer including your current employer can file change of status application. Your employer can file a h1b amendment for the approved h1b and ask USCIS for change of status as well. Quote Link to comment
pontevecchio Posted March 27, 2019 Report Share Posted March 27, 2019 1. You need to get the H1 visa stamp and return if you want to join in H1 status. 2. You cannot. Your company could have applied with COS. A COS to H1 involves another H1 petition with the fees involved paid by the company and why would they do that? If you suspect you will not get the H1 visa, stay in L1 status. Quote Link to comment
LeaveMessageH1B Posted March 27, 2019 Report Share Posted March 27, 2019 Before you start working on h1b, you need to attend visa interview OUTSIDE of US- that's what Consular Processing means, Quote Link to comment
Bluemoon022 Posted March 28, 2019 Author Report Share Posted March 28, 2019 21 hours ago, xTDx said: 1- No, you can work until your l1b expires and leave. Get h1b stamp and come back on valid h1b. Assuming max allowable l1b+h1b time. 2- Why your employer didn't file change of status to h1b along with h1b application ? In theory if you are maintaining status on l1, any employer including your current employer can file change of status application. Your employer can file a h1b amendment for the approved h1b and ask USCIS for change of status as well. My L1 Extension Petition and H1 Petition was filed at the same time and we were not sure looking at the trend if L1 extension will be granted. Quote Link to comment
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