L1B to H1B - Consular Processing Approved H1B Petetion

[bachu.rajenderprasad]

Hi All,

I am on L1B currently. My project ended on July 31st 2023. But I am still in the US as I took permission from my Organization that I want to stay and they approved until Aug 31st. 

I have H1B petition approved in 2022 as consular processing. My L1B company is actually asking me to go back After August 31st and we are not in a position to go back because my wife 33 weeks pregnant. 

Can I apply H1B Change of Status from here without leaving the US and move to H1B status. 

My wife also has H1B approved petition as consular processing from 2022. 

what is the best way to stay here, because our baby due is on October 2nd.

Please help. Thank you  

[Attorney_20]

You may want to consider filing a change of status to H4 while you and your spouse remain in the U.S. for your child's birth for now but the only way to activate that cap subject H1B petition is to go back and apply for the visa stamp since it was approved for consular processing.