L1 to H1 Transfer

[spirit]

Hi,
I'm currently in USA on L1 Visa with Company A and i have a H1B approved petition for Company B (which starts from Oct'2009), please note this is a fresh H1B petition (do not have change of status).

Is it possible for me to apply for Change of Status from L1 to H1B without going out of USA ?
If it is possible, and once i get my change of status approval, how soon i should start working for the new Company B ?, Since i have a 14 days notice period in Company A. I wish to wait until approval notice of Change of Status, since i don't want to take any risk of notifying Company A before my change of status is successful.

Regards,

[shervin143]

Is it possible for me to apply for Change of Status from L1 to H1B without going out of USA ?

>>>> Yes. If a new H1B petition is filed with COS and if it gets approved. To work on the existing petition that is a consular processing, you need to get it stamped.


If it is possible, and once i get my change of status approval, how soon i should start working for the new Company B ?, Since i have a 14 days notice period in Company A. I wish to wait until approval notice of Change of Status, since i don't want to take any risk of notifying Company A before my change of status is successful.

>>>> The effective start date on the approval notice (with COS) is when your status changes from L1 to H1B. Any employment with the L1 employer beyond that date is illegal.

[spirit]

Thanks for the quick response.

As i said before, i did not apply H1B with Change of Status. I just applied as a fresh H1B petition and it is also got approved.

Currently I'm in USA working in L1A. I want to change employer and move to Company B (my H1B sponsor).

In this case, should i go out of USA and get H1B stamping and reenter USA (or) just apply for Change of Status using from I-539 will help me to move to new company B.

Thanks in advance.

[shervin143]

You can file an amendment application on an approved case. But it is up to USCIS to approve the amendment from consular process to COS. Your company attorney needs to provide a valid reason for amendment and why it is essential. Until you get the approval; you cannot start your employment with the H1B employer, as your case originally was a consular process.