L-1B, H-1B approved

[avantika18]

Hello, I am working in company A on L-1B with valid I-94 till Aug 2016. My company filed cp for H-1B and it is approved till Sept 2017. My company wants me to shift to H1 as its going to split in Jan 2015 and I will be the part of new company B.

1) Do I have to go to India for stamping before the split i.e. before Jan 2015.?
2) I dont want to travel so is there any chance of COS in my case?
3) Do my family have to travel with me?

Thanks in advance for your help.


Avantika

[avantika18]

Hello all,

I was hoping that somebody will reply to my query as its very urgent.

[raghvi]

Hello, I am working in company A on L-1B with valid I-94 till Aug 2016. My company filed cp for H-1B and it is approved till Sept 2017. My company wants me to shift to H1 as its going to split in Jan 2015 and I will be the part of new company B.

1) Do I have to go to India for stamping before the split i.e. before Jan 2015.?
2) I dont want to travel so is there any chance of COS in my case?
3) Do my family have to travel with me?

Thanks in advance for your help.


Avantika

I would have assumed your legal team to take care of this after all isnt this what they are paid for?

1. Not necessary to go out of US. But a suitable L1 to H1 COS and L2 to H4 for your dependents has to be filed. Subsequently post split H1 petition amendment would have to be filed.
2. Yes it should be possible with a god lawyer. I think it would be two step process, first a L1 to H1 COS for you to Employer A, and then post split a H1 amendment and cap exempt petition for B.
3. If you doing a COS while in US you need to ensure to get L2 to H4 filed for them too. If at all you need to travel then advisable that they do too along with you.

This is my opinion not legal advice.