L1B to H1B conversion - Stamping process

[aayushrd]

I am currently on L1B visa and had traveled to Europe for my current employer for a week in May. Another company has filed H1B visa for me this year (2015). Now, if my visa gets approved, what is the procedure to actually switch from L1B to H1B and start working for the new employer? Do I have to go outside the US to get H1B stamped? Do I have to get my L1B revoked before I go for H1B stamping?

[raghvi]

I am currently on L1B visa and had traveled to Europe for my current employer for a week in May. Another company has filed H1B visa for me this year (2015). Now, if my visa gets approved, what is the procedure to actually switch from L1B to H1B and start working for the new employer? Do I have to go outside the US to get H1B stamped? Do I have to get my L1B revoked before I go for H1B stamping?

Was H1 filed as COS? Did you inform the H1 employer about your travel? Normally, while ones L1 to H1 COS is pending if one travels outside US, the COS is deemed abandoned. The H1 petition may still get approved, but the COS would be denied, in that case in order to move to H1, after returning on L1, your h1 employer would have to refile the then cap exempt H1 but with COS.

This is my opinion not legal advice.

[shervin143]

If your H1B petition comes with a new I-94 attached to it, then your status will change from L1 to H1B and you can (and you should) start working for the H1B employer as o the H1B effective date. Any employment with the L1 employer post the H1B effective date (Only if the H1B comes with an I-94) is illegal. If the H1B gets approved without a new I-94 (Possible because you traveled outside the country while the COS is pending), then you will remain in L1 status. In order to work for the H1B employer, the employer either need to file a COS from L1 to H1B again or you can leave the country, get the H1B stamped and return back in H1B visa.

[aayushrd]

stamping in India or Canada or Mexico

Can I go to Canada or Mexico for stamping? Or is it compulsory to go to my home country for visa stamping?

- - - Updated - - -

If your H1B petition comes with a new I-94 attached to it, then your status will change from L1 to H1B and you can (and you should) start working for the H1B employer as o the H1B effective date. Any employment with the L1 employer post the H1B effective date (Only if the H1B comes with an I-94) is illegal. If the H1B gets approved without a new I-94 (Possible because you traveled outside the country while the COS is pending), then you will remain in L1 status. In order to work for the H1B employer, the employer either need to file a COS from L1 to H1B again or you can leave the country, get the H1B stamped and return back in H1B visa.

If the H1B employer files for COS, what are the chances of COS getting rejected?
If I get the visa stamped outside US and then re-enter US, am I entering on L1B or H1B?
Does the employer still have to file for COS?

[shervin143]

If the H1B employer files for COS, what are the chances of COS getting rejected?
>>> Can't predict things like that. They go through the same process as approving a new H1B petition. It depends on the documents your employer submits.

If I get the visa stamped outside US and then re-enter US, am I entering on L1B or H1B?
>>> It depends on which visa and petition you show at the POE. When you go for H1B stamping, your L1 will most likely get cancelled, so you will have to enter in H1B visa.

Does the employer still have to file for COS?
>>> Not if you enter in H1B visa. If you enter in L1 visa, then your status will be L1 and the H1B employer will need to file the COS to change your status.

[aayushrd]

If the H1B employer files for COS, what are the chances of COS getting rejected?
>>> Can't predict things like that. They go through the same process as approving a new H1B petition. It depends on the documents your employer submits.

If I get the visa stamped outside US and then re-enter US, am I entering on L1B or H1B?
>>> It depends on which visa and petition you show at the POE. When you go for H1B stamping, your L1 will most likely get cancelled, so you will have to enter in H1B visa.

Does the employer still have to file for COS?
>>> Not if you enter in H1B visa. If you enter in L1 visa, then your status will be L1 and the H1B employer will need to file the COS to change your status.

Can I go to Canada or Mexico for stamping? Or is it compulsory to go to my home country for visa stamping?

[shervin143]

If this is your first time H1B stamping, then you need to go to your home country. Chances of 221g admin processing is high if you go to a third country for stamping. Change of status stamping is not allowed in Mexico. Check this link.

https://www.immihelp.com/us-visa-stamping-in-mexico/

Can I go to Canada or Mexico for stamping? Or is it compulsory to go to my home country for visa stamping?

[aayushrd]

Additional question

Hi Shervin,

one question - My H1B was approved some time this week (after an RFE). I am being told by the new employer that I do not need to go to my home country for stamping and that I can start working with them right away. So I am assuming the petition has arrived with I-94 (I am seeking a confirmation for the same). But I am being asked by my current employer to serve 4 weeks notice period. Would that still be considered illegal?

If your H1B petition comes with a new I-94 attached to it, then your status will change from L1 to H1B and you can (and you should) start working for the H1B employer as o the H1B effective date. Any employment with the L1 employer post the H1B effective date (Only if the H1B comes with an I-94) is illegal. If the H1B gets approved without a new I-94 (Possible because you traveled outside the country while the COS is pending), then you will remain in L1 status. In order to work for the H1B employer, the employer either need to file a COS from L1 to H1B again or you can leave the country, get the H1B stamped and return back in H1B visa.

Thank you so much for your advice.

[shervin143]

Yes. Once H1B gets approved as a COS (with a new I-94) your status changed from L1 to H1B. Any employment with the L1 employer post the H1B effective date is technically considered illegal and it will also make you go out of status on H1B.

Hi Shervin,

one question - My H1B was approved some time this week (after an RFE). I am being told by the new employer that I do not need to go to my home country for stamping and that I can start working with them right away. So I am assuming the petition has arrived with I-94 (I am seeking a confirmation for the same). But I am being asked by my current employer to serve 4 weeks notice period. Would that still be considered illegal?



Thank you so much for your advice.