H1B Question

[Karthiraj]

Hi,

Am working in company A, and Company B applied for my Change of Status.

My Change of Status from L1 -> H1 is approved, but Am out of the country now ( Lost L1 Status ) working with Company A in another country.

1. Is it possible to change the "Change of Status" Approval petition to 'Visa to be applied in the foreign country' category ( To get it stamped outside US and Jon Company B )
2. Is it possible to change the employer in "Change of Status" approval petition itself. ( Get the Approval Petition Trasnfered to Emplyer name Company A and Enter USA with Company A )
3. Is it possible for me to enter the country in B1 and then go with COS. for B1 to H1B ? ( When the approval petition is approved for L1 to H1 )

Ideally, I would like to try the option of checking with "Company B" for employer transfer to "Company A" ( if legally possible and Allowed ), and asking "Company A" to send me in B1 and change the status to H1B visa. ( if legally possible and Allowed, B1->H1 can be accepted for COS, when the application is made for L1->H1).

Thanks a lot in advance for your understanding.

[raghvi]

Hi,

Am working in company A, and Company B applied for my Change of Status.

My Change of Status from L1 -> H1 is approved, but Am out of the country now ( Lost L1 Status ) working with Company A in another country.

1. Is it possible to change the "Change of Status" Approval petition to 'Visa to be applied in the foreign country' category ( To get it stamped outside US and Jon Company B )
2. Is it possible to change the employer in "Change of Status" approval petition itself. ( Get the Approval Petition Trasnfered to Emplyer name Company A and Enter USA with Company A )
3. Is it possible for me to enter the country in B1 and then go with COS. for B1 to H1B ? ( When the approval petition is approved for L1 to H1 )

Ideally, I would like to try the option of checking with "Company B" for employer transfer to "Company A" ( if legally possible and Allowed ), and asking "Company A" to send me in B1 and change the status to H1B visa. ( if legally possible and Allowed, B1->H1 can be accepted for COS, when the application is made for L1->H1).

Thanks a lot in advance for your understanding.

1. If you want to work with Company B then go attend the interview with the COS approved petition and get visa stamped. If you want to work with A then A has to file a Cap exempt petition of their own and get it approved first.
2. Every employer has to have their own petition. But as you already have an approved petition the subsequent petitions by other employers can be "cap exempt" that is need not go through lottery. But stil each employer needs their own petition.
3. It is possible but USCIS doesnt easily approved a B1 to H1 COS without valid justification.

This is my opinion not legal advice.