L1 & H1 with the same company

[ksinghvisa]

Hi,

I have a question for my L1 to H1 Transfer. Please if you can help me.

I traveled from India with L1 Visa from Company A. At the same my company also received my H1B Approved Petition. But since i need to travel by June 2008, my company applied for L1 Visa and i entered in USA with L1 Visa because H1 Petition have the start date of Oct 2008. Now my project is going to get over in few weeks and they are like i need to return back to India. My question is

1) Can i transfer my H1B?
I am only holding a PDF format of I797-H1B, not the original. My company has not applied for COS also. I have L1 Visa stamped.

Your prompt reply would be highly appreciated.

Thanks,
Kapil S.

 

[Concerned4us]

You cannot transfer unless you are now in H1B status. It is not clear what your current I-94 indicates. I am assuming L1.

If not in H1B, you will need to find a new employer to file a new petition not under the cap. If filed in premium processing, it may be approved before you need to return to India. If you have not received a new I-94 before that time, you will need to return to avoid being out of status; get stamping and reenter.