Can I start working on H1 Petition ?

[arunanala]

Hi
I am working in US on L1 visa. I came here in the month of July 2005.
Before I got L1 Visa, I also applied for H1 visa through an US company. In this october my H1 petition also got approved. I thought I can change to the new company which sponsered my H1 visa, here in US. But this new employer is saying that, I have to go for VISA stamping to India before I can start working on H1. Because my petition was filed when I was in India, so they are telling that, I can't change the company here. Is that true ? Can I start working on my H1 petition ? and whenever I go to India I will go for H1 stamping, is that possible ?
Please suggest me...
Thanks & Regards,
Arun.

[broadersoftware]

Arun:

If they have applied for H1 while you were abroad, you will have to get an H1 Visa Stampled and re-enter on H1B Status. Change of Status is only possible while you are in the US. Your petitioner may request the USCIS " Application for Action on an Approved Application or Petition" form I-824. They should request a change of status with an I-94.

http://uscis.gov/graphics/formsfee/us-visa-and-immigration-forms/i-824.htm

I do not know if this would be subject to quota retrictions.

This is not a legal advise.