Intermittent L1-A to H1-B


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I have a Intermittent L1-A visa status valid for 3 years till mid 2013 with Employer A and haven't travelled to the US on L1-A so far but entered on B1 for conference. Employer B is ready to file the H1-B as part of upcoming Quota.

Assuming my H1-B petition gets approved by USCIS and sent to employer B, can I enter into the US on the Intermittent L1-A and apply for COS to the approved H1-B petition. Is this legal for Intermittent L1 visas? If so, can I work on H1-B in the US until my L1-A I94 validity? How are extensions handled?

If the above is not feasible, what are my options?


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Greetings Attorney,

Thanks for the inputs. can you please clarify on the below.

A foreign national who enters pursuant to L-1 status is generally only permitted to work for the petitioner

I hear a lot of cases shifting the status from L-1 to H-1. Is that against the USCIS policy?

Moreover, a person is generally prohibitted from entering the U.S. in L-1 status if he/she has no intention of working for the L-1 petitioner.

I do have official plans to visit on L-1 in May-June timeframe this year and the consultant mentioned it might be possible to transferr to H1-B if i have approved documents by that time. From an ethical standpoint it may not be the right thing to do but from a legal standpoint are there any challenges/penalties transferring from intermittent L1 to H1-B? The consultant might be thinking of a easy route which might hurt me eventually.

The goal is to work in the US legally - intermittent L1 to H1-B? or get H1-B papers and attend the interview at a nearby US consulate?

Thanks for your time.

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