H1B Fresh approved, can it be ammeded with COS for a new employer?


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my L1B was extended in July 2011 and the same employer applied for H1B fresh visa. L1B was approved first (with I-94) and then H1B was also approved.

I am planning to switch job. Can my new employer apply for H1B visa transfer/amendment for my approved H1B and apply for Change of Status so that I can start working for them in a months time, without having a need to get it stamped?

Would appreciate your response. Thanks in advance.

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  • 2 weeks later...

If one has already changed from L1B to H1B status, then a new employer can file an H1B petition for a change of employer. If one is in the US maintaining H1B status then they can start working for the new H1B employer/petition upon the filing of the petition, however it is safest to wait for the approval before starting to work for the new employer.

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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