L1B to H1B COS


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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.

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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.

 

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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.

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