L1B to H1B change of Status and Travel

[abhisheksjain]

I have valid L1B with Company A. Company B had filed L1B to H1B change of status when I was in states.

Due to some urgent reason I traveled to India before COS approval.

Now my COS and H1B petition has been approved and I am still in India.

Please let me know

1. Can I still come back for Company A on L1B visa?

2. If I can come for Company A can Company B again file COS from L1 to H1 since I have H1B approved for Company B?

3. If company B files COS again does that mean I can immediately work for Company B with case receipt without waiting for actual approval since I have H1 already approved with Company B?

[Attorney_23]

Ordinarily, an approved change of status petition does not serve to cancel a valid visa. Therefore, if your intention is to return to the U.S. to continue working for the L1B petitioner, use of the visa would generally be allowed. However, if your true intention is to work for the H1B employer, this likely would not be permissible.

That being said, have you considered simply using the approved petition to apply for an H1B visa?

[abhisheksjain]

As of now my intention is to work for my L1B employer that's the reason I want to make sure that I still have a valid L1B visa and I can work for my L1B employer.

But if I enter US with L1B visa now does that mean I can't work for H1B employer in future or is it ok to come back from US later and have H1B VISA stamped in future.

[Attorney_23]

A U.S. employer may ordinarily file a petition to change a person's status from L1B to H1B. The visa is only needed to apply for entry into the U.S. in a particular status.