L1 change of Status to H1


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I was in US for Company A on L1 Visa in the month of April, I approached Company B for filing H1 visa, and company B filed the Change of Visa petition instead of regular H1 based on my I94 (expiring on aug 2013). I had to go back to India in the month on May and did not come back to US.

Actual date of receipt of application in USCIS is jul-28, by then I was already in India and I-94 would have been invalid. Is it possible for someone to file a change of status without being in US. What is the implication.

Will there be any impact on the current Visa (L1 - expiring in aug-2013), should i reenter now to US in Jan-2012.

If i am in US and the petition gets approved, will my I94 change immediately to company B and is it illegal to work for company A (I have notice period of 2 months).

Can someone answer my questions.

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case 1 --- when you are in india

a) if your h1b gets approved you have two 2 ways to reach us 1) existing L1b 2) h1b stamping which is risky...

b) if your h1b is still in progress you can use L1b to reach us...

case 2 .....when you reach us with L1b

a) you can work for L1b till new I94 expires or your h1b gets approved.

b) if you want work in L1b even after H1b then two ways ...go out of us and come back on L1b or apply for change of status.


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