Transfer from 1B to H1B visa

[Sat2006]

Hi, Currently I am L1B visa and planning to apply H1 B with other company. If my H1 B is approved then does my L1 B becomes invalid? and After that can I work on L1 b for couple of days/weeks?

Awaiting for your reply.

Thanks,

Sat

[mightynaren]

If your H1B is approved with Change Of Status, you cannot work on L1B from the H1B effective date. Normally, any H1B approved before Sep 30 has an effective date of 01 Oct. Some consultants say that there is a grace period where you can still work on L1B even if your H1B is in effect, but there is no such thing.

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This is just my opinion and not a legal advice.

[DamienMartin]

If you have applied for H1 on COS, then yes - your status gets changed to H1 as soon as the visa is approved. Once it is approved you are no longer on L1 and it is illegal to work for the L1 employer.

However, if H1 was applied without COS, then you can continue working on L1. Your status would change only after you have joined the H1 employer.

Please note that you would have to leave US and get your H1 stamped if it was applied WITHOUT change of status. If it was change of status, you can stay in US and your status gets changed (however you will have to go for a stamping once you go back to your country and reenter US)