L1b to H1b


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i am currently working for company X on L1b visa. and L1b visa expiration date is Feb 2012 same as I94. with my L1B I797/I94 we are trying to apply H1b visa for another company Y in this year 2011 under premium process. So if i get the H1B approval in another month or so (say like may 2011) then is my L1b visa no longer valid? when my status will change?

Pls help me out, really i am in confused state now. appreciate your help...

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  • 4 weeks later...

In general, one's status would legally change from L1B to H1B on the effective start date of the approved H1B petition (I-797 and attached I-94). If one is applying under the annual quota, the earliest start date would be October 1, 2011 even if the petition is approved earlier. Should one continue to work for the L1B employer AFTER the H1B change of status is effective this will be unauthorized employment and a violation of H1B status.

Please consult directly with a qualified immigration attorney to discuss your case in detail and determine a customized course of action.

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