Back to H1 from L1

piscean_75

New Member
Hi,
I came to US first on H1 visa in Aug 2001. The original H1 petition expired on Oct 2002. My visa then got converted to L1 in Oct 2002. Also, my L1 is now extended till Aug 2006.
My question is, can I get my Visa converted back to H1, If so how ?
Thanks
 
Yes, you can change status back to H-1. But then your employer will have to file another petition. That can happen only when the H-1Bs are available. Your H-1 employer can file the petition on or after April 1, but the start date of work will be Oct 1.
 
Just would like to add that it might be possible to get your H1b approved with a start date earlier than October 1. You probably do not fall under the cap since you were in H1b status before (see item b below).

Acording to AC21, H1B workers in the following situations will not be subject to the annual H1B quota
a) Persons employed at a university, affiliated non-profit entity, non-profit research organizations, or government research organization;
b) Persons who have previously been counted against the H1B quota (a person would only be counted once against the cap unless s/he has a year outside the U.S., thereby resetting the clock on the six-year limit.)
c) Physicians who obtained a Conrad 20 waiver of the J-1 two-year home residency requirement; Extensions of stay for those already on H1B status;
d) H1B amendments with the same employer which are not requesting an extension of stay;
e) Change of employers by a person already on H1B status; and
f) Persons already engaging in H1B employment who are applying to work concurrently / simultaneously for an additional employer while maintaining their current employment.
 
Top