L1 to H1 change of status


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I came to US on L1 visa in Dec 2011 for my company. My visa & petition was valid until Aug 2014. I visited my home country in Jan 2014 and while entering into the US, the I94 was issued until Feb 2017. I applied for H1 through another company in 2016. It was selected in lottery and the petition was approved in beginning of Jan 2017. Meanwhile, as the I94 is coming to end, my current company also submitted for the L1 extension in end of Jan.


 I think as the change of status happened when the H1 was approved, still can I continue on L1 (L1 petition and visa was expired but I94 was valid) or I need to join the H1 company? Please let me know the way for me retain on L1 only and without using H1. Can my L1 company apply for change of status from H1 to L1?



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  • 1 month later...

I had a similar situation.

My H1 got approved in April 2014 and before Oct 1st I went out of the country. I re-entered on my L1 Visa and hence I am continuing with L1 Visa.

But there is a problem. Later when you want to do change of status, once you want to move back on H1, Then the process takes 3+ months and no employer is ready to wait for that long. That is the reason you might have to go for consular processing later. This is causing lot of pain to me currently.

Weigh your options as being on H1, you can get I 140 extensions Vs staying on L1 unless you have a GC promise through the same.



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