How to transfer H1b consular processed to H1 B Change of status

[Maninderjit]

I am working in company X on L1 B visa having valid i-94 status valid till 2015.  Company X also filed my H1 B which got approved and is valid until May 2014 but in class: Consulate / POE OC (Consular processing). This H1b is approved but did not have a valid I-94 with it in I-797B form.  As this H1b was filed in Consular processing my work status in still on L1 B visa only.  In case I want to move to H1b status , I believe I have to go to India and get it stamped on my passport.

 

Now my question is If I do not want to go to India, and wants to shift to some other company say Y can I use my existing H1b(Consular processed) and file H1 B transfer Change of Status with company Y using the existing H1b even thought when I am actually working on L1 B status?

 

Please help me with this.  Is there any way I can move to H1b status without going back to India either with same company X or to a different company Y ?

[Maninderjit]

Hi,

 

Can anyone please help me here? It would be great if someone could show me some direction.

 

I would be very grateful.

 

Thanks

[pontevecchio]

Sure any company can file your H1 as you have been presumably cap counted. It depends on why your previous H1 COS was denied. Did the company not apply for a COS?

[Maninderjit]

Hi Sir,

 

My H1 COS was not denied. Instead, I had chosen myself to get H1B approved in consular processing as I wanted to continue working on L1B. This was because my wife was on L2 EAD and was working and she can stay on L2 as long as I am on L1B. Now when she has moved to H1B, I wanted to move too to H1B COS and move to other company.

 

One of the companies I applied for told me that I cannot shift to other companies as I am currently working on L1 B even though I have H1B approved in consular processing. They said that I have to work on H1 B with the current company atleast for one day for me to shift to other company on H1 B COS.

 

Please suggest if they are correct and if I can apply from L1b to H1b COS with other company or not ?

Thanks.

[pontevecchio]

They are not correct. Keep looking.