Status change from L1 B to H1B

A

Anish Passi

New Member
I have been working in US since the past 9 months on L1 B individual Visa. Before coming to US an American company had filed H1 petition for me, which got approved and is with me only. Cause of constraints I had to come on L1-B (being filed by the company I was working with in India).

The company which filed H1 for me still wants me to join them. I want to shift to it. In this concern I have the following questions:

1. Do I need to wait for the new H1 cap to get the status change done from
L1 to H1 or as I have already an approved petition can I go for stamping
anytime?
2. What are the additional documents required for L1 to H1 conversion?
3. Where can I go to get the L1 to H1 status change done. Can I go to
Canada (some near by country)?
4. If my H1 gets rejected will it have any impact on my existing L1 status.
5. If my H1 gets rejected can I continue working with the company I am right
now working for on the existing L1?

Please throw light on the above mentioned questions. This is very important for me and any information would be of great help.
 
L1 To H1

I am also in a similar situation now. My employer has filed for change of status on premium processing but we have got the reply from USCIS that we should apply for this in the new year 2007 H1 cap.
Now only alternative I have is to go to Canada or Mexico and get the H1 stamped or I will have to go back to India.
But not sure whether fresh H1 B takes place in Canada/Mexico or not.
If you have any updates please share them so that I can also follow you.
 
1. You dont fall under H1B cap - about COS talk to an attorney
2. should be the same documents as H1+L1
3. i think you can
4. depends on the consulate. i heard some people got their previous visa's cancelled. Not sure if they will do when they reject the current visa
5. yes, if your l1 is still valid and not cancelled, you can enter on L1.
 
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