L1A to H1B with valid I797B

[Bharathg21]

Hello,

I have got my L1A visa stamped in June 2017 which is valid till 06/2018. I have entered USA on L1A and currently working. I will complete 6 years on L1 in March 2018.

My company had also applied for L1 to H1 conversion as part of CAP this year and it was selected and as I was on India at that time I recieved a I797B which is valid till 05/2020. But I did not go for stamping for H1B. My  question is can I now (being in USA) change from L1 to H1. If yes, what should I be doing? Will the max out date cause any issue?

Thank you for your valuable time.

[Bharathg21]

Please share your valuable insights.

[pontevecchio]

Any particular reason why you did not get a H1 visa? Your company will need to reapply a H1 petition for you and pay or you will have to leave and get the H1 visa. What does your company want you to do? Presumably they have veto powers over your intentions. The total of L1A plus H1 will be 7 years in your case.

[Bharathg21]

On 8/1/2017 at 6:44 PM, pontevecchio said:

Any particular reason why you did not get a H1 visa? Your company will need to reapply a H1 petition for you and pay or you will have to leave and get the H1 visa. What does your company want you to do? Presumably they have veto powers over your intentions. The total of L1A plus H1 will be 7 years in your case.

I was needed for an immediate position and could not wait till October 1. I forgot to mention I have a I 140 approved from the same company.

1) Can I not apply for COS using the 797B as I am already in US? Or should the company apply for a fresh H1 subject to cap or not subject to cap?

2) If I can go out of US for stamping, should it be India or any countyr is fine and will that be need to be done before I complete 6 years on L1A as H1 is max of 6 years?

[Bharathg21]

I was needed for an immediate position and could not wait till October 1. I forgot to mention I have a I 140 approved from the same company.

1) Can I not apply for COS using the 797B as I am already in US? Or should the company apply for a fresh H1 subject to cap or not subject to cap?

2) If I can go out of US for stamping, should it be India or any countyr is fine and will that be need to be done before I complete 6 years on L1A as H1 is max of 6 years?