L1B to H1B Filing - Without Change of Status

[nitjains]

I have three questions. I will be very thankful to you if you can answer them...

1. I am working on L1B for employer A and want to file H1B for employer B. If i file H1b without COS then can i get my COS from L1B to H1B later without going out of USA?

2. While working on L1B I need to go to India and before going to India if my H1b is approved(without COS) can I come back to US on L1B and apply for COS in US without going out of US?

3. When my H1B is approved without COS, what is the process to apply COS in US and how much time it take?

[shervin143]

1. I am working on L1B for employer A and want to file H1B for employer B. If i file H1b without COS then can i get my COS from L1B to H1B later without going out of USA?
>>>> Your employer can file an H1B amendment application to change status to H1B. However, your company attorney need to provide a valid reason for amendment and why it is essential. Also, they need to spend money for the COS and you cannot work for the H1B employer unless the COS gets approved.

2. While working on L1B I need to go to India and before going to India if my H1b is approved(without COS) can I come back to US on L1B and apply for COS in US without going out of US?
>>>>> You can enter U.S in L1B if you still have the job and a valid visa. Read answer 1 for the COS to H1B.

3. When my H1B is approved without COS, what is the process to apply COS in US
>>>>> See answer 1.

and how much time it take?
>>>> If this case is filed under regular process it will take 2-3 months. Till approval you cannot start employment with the H1B employer as your case was a consular process. There is a premium process available for an additional $1000 which will take 15 days.

[nitjains]

Thanks a lot for your reply..

Can you please tell me what is the L1 to H1B amendment form number i mean what is the application form name?

Also is there any risk if we follow this amendment approach in-place of Go to Consulate approach?

[shervin143]

Can you please tell me what is the L1 to H1B amendment form number i mean what is the application form name?
>>>> https://www.immihelp.com/h1b-petition-amendment/


Also is there any risk if we follow this amendment approach in-place of Go to Consulate approach?
>>>> There is no risk. But, whether this will get approved or not is in the hands of USCIS. Like mentioned earlier, there should be a valid reason given to USCIS by your company attroney for the amendment. The approval rate for consular process to COS is kind of less. If not approved, money spent on filing the amendment petition and the lawyer fees will be a loss.