Converting status of stay from L1-B to H1-B with same employer

[adi_inUSA]

I have a query related to conversion from L1-B to H1-B. My situation is as below.

I entered USA on L1-B visa in Nov-2014. However, I have an approved H1-B petition from last year's (2014) H1-B visa process from the same employer. However, I do not have H1-B visa stamped and, hence, my status in USA is on L1-B.

How can I, now, change my status in USA from L1-B to H1-B? Is it necessary to get H1-B stamped on my passport to change my status? Is there a way to change my status to H1-B without leaving the country and / or without getting the visa stamped on my passport?

If stamping is required, is there a deadline by when this should be done? And can I get the visa stamped from Canada?

[raghvi]

I have a query related to conversion from L1-B to H1-B. My situation is as below.

I entered USA on L1-B visa in Nov-2014. However, I have an approved H1-B petition from last year's (2014) H1-B visa process from the same employer. However, I do not have H1-B visa stamped and, hence, my status in USA is on L1-B.

How can I, now, change my status in USA from L1-B to H1-B? Is it necessary to get H1-B stamped on my passport to change my status? Is there a way to change my status to H1-B without leaving the country and / or without getting the visa stamped on my passport?

If stamping is required, is there a deadline by when this should be done? And can I get the visa stamped from Canada?

Any particular reason why you would want to move from L1 to H1 for the same employer? Your employer would need to file a COS from L1 to h1 for you if you wish this to happen.

This is my opinion not legal advice.

[adi_inUSA]

Any particular reason why you would want to move from L1 to H1 for the same employer? Your employer would need to file a COS from L1 to h1 for you if you wish this to happen.

This is my opinion not legal advice.

With H1, I have the flexibility of moving jobs while with L1 I do not. And since I already have an approved H1 petition, do they need to file CoS?

[DMX17]

With H1, I have the flexibility of moving jobs while with L1 I do not. And since I already have an approved H1 petition, do they need to file CoS?

Yes. Employer has to file a COS to change your status to H1.

[adi_inUSA]

Thanks for your response. Would you also be able to tell me if there is a deadline when this needs to be done? Does my petition expire if I don't change my status or get visa stamped by a certain date?
Also, is it necessary to get the visa stamped or I can just change the status and then switch jobs without stamping?

[Mithran]

Hi,

I have the similar situation.

I have my L1B valid till July 2016 and would like to convert to H1B.

1) My current employer is planning to file the H1B petition this year on 1-April-2015, once H1B gets approved in Sep/oct 2015, then what is the process to convert my L1B to H1B.

2) If L1B to H1B is converted, should I need to travel for my home country and get the H1B stamping to work in US for the same employer or i can continue to work in H1B status for the same employer without travel to home country for H1B stamping.

Thanks