L-1A to H-1B


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I am currently in the US on a L1A visa. If I change employer, the new company wants to hire me on a H1B visa. I would like to understand how this works.

1. If the new company applies for my H1B and I do not receive it (let's say because of the quota), then can I continue in my current job with my L1A without any risks?

2. If to do the change from L1 to H1B the new company needs to apply for a change of status, does this put at risk my current employment and L1A visa (let's say in case I do not get the H1B status for any reason)?

3. The new company wants me to start in the Fall of 2013. If they apply for the H1B for me, can I continue working for my current company on L1A until fall 2013 when I can start with the new company on H1B?

I would very much appreciate if you could highlight the risks and the SAFEST path to go about this matter so I don't risk the situation where I do not get the H1B and I lose the L1A (and hence my current job).

Thank you!

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Thank you for the reply. However I am a bit confused regarding 1) and 3), as I do not understand how I can try to get the H1B without jeopardizing my L1A status. That is, I would not quit my current job before having the H1B confirmed, but I do not see how I can get the H1B and start being on that status only starting a certain date (the date when employment would start with the new company).

My fear is that if I request change of status to H1B and receive it say in May 2013 I will not be able to work anymore at that moment for my current employer, so I will have a gap until fall when I start with the new company. Or is it that I can request change of status effective a certain date in the Fall?

Thank you!

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