L1 to H1B change over

B

bvin2k

Registered Users (C)
Hi,
I have a query regarding change of visa status from L1 to H1. Here is my scenario :

I have an approved H1B petition filed by a company (A) in US. I have not yet stamped the H1B visa. Now a company (B) in India with which I am working, will be filing a L1 visa for me. So the scenario is I have an approved H1B petition but I am coming to US with L1 visa. Once I am there in US on L1 visa can I change to H1B after some days ? To change to H1B do I have to go out of US to get it stamped ? OR can the change over be done there in US itself ?

Any advice will help me in taking the decision.
Thanks
bvin2k
 
You can changes the status in US

Once you are in US on L1 Status, after few days you can apply for change of status from L1 to H1. You will not be under the H1B Quota because you already have an approved H1B in previous years Quota. Only the employer who got your H1B can apply for the status change. Once your H1B gets approved, your L1 status goes invalid. So you have to quit your L1 employer immeidately.
 
Thanks for the reply cbalas. After change of status from L1 to H1 do I have to go out of US to mexico,canada OR india to stamp H1 before joining the employer who has got my H1? OR I can start working with new employer without stamping H1 ?
 
You don't need to go out of US

You don't need to go out of US and can start working immediately. But when ever you leave US, you must get the stamping done to re-enter. Most of them get the stamping in Canada or Mexico because is it less complicated than in India.
 
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