Transfer from L1 to H1 -- Need urgenet help/suggestion

[yvinayreddy]

Hi,

I have applied H1b for coming year quota(2014) with out COS as i was in india at that time. Now recently i came to USA on L1.
can i move to H1 with out going to india again for stamping. if yes pls share the process to do that. I have below concerns.

1) Can i update the USCIS with my new I-94 and go for COS before i get the approval.
2) If i get the H1 approval in this week, then my i-797 wont have any i-94 (not with COS). In this case can i approach USCIS and make amendments to I-797 ( like going for COS)

Pls need asap.. Thanks in advance for your help and really appricaiate your response.

Regards

[kabkaba]

Was the H1 petition filed by the same employer and for the same position in which you are currently working in L1 status?

In any case, after the petition gets approved, your H1 employer can file an amendment to change your status. You can work for them in H1 status from the effective date after that amendment is approved.