L1 to H1 COS with last yr approved petition

[l12h1]

Last year (sep 2009) I got my H1 petition approved for a US based consulting company(A) while I was working in India for company(B). I was planning to travel to US on H1B visa but had to travel to US on fresh L1 visa for company B. I did not get my H1 visa stamped in India. I am currently working on L1 visa in US for company B.

I want to move on H1 visa for company A for which my H1 petition was originally approved. I need your advice on legalities/process involved to change my status from L1(companyB) to H1(companyA). I am seeking answers to the following questions:

1. Is it legally viable to get the status changed from L1 to H1 while staying in US (without traveling outside US)?

2. What kind of documentation along with approved petition will be required in order to initiate the change of status process?

3. Generally how much time does this process takes to complete and starting when can I join company A?

4. Please suggest if any complexities are involved and if there is an alternate better way to it.

I will highly appreciate a quick response, as I need to plan the next steps accordingly.

Thank you.

[shervin143]

1. Is it legally viable to get the status changed from L1 to H1 while staying in US (without traveling outside US)?
>>> Yes. The H1B employer will need to file a petition to change your status from L1 to H1B.

2. What kind of documentation along with approved petition will be required in order to initiate the change of status process?
The same checklist listed here will do.
http://www.immihelp.com/forum/showthread.php?t=75721

3. Generally how much time does this process takes to complete and starting when can I join company A?
>>> Normal process will take 2-3 months. Premium will take 15 days. You can join the H1B employer ony after receiving the approval notice.

4. Please suggest if any complexities are involved and if there is an alternate better way to it.
>>> The only problem is that if the COS gets approved, then you cannot continue to work for the L1 employer. If you want to do that, then you will have to leave the country immediately and return back in L1 visa which will put you back on L1.

[l12h1]

Thank you so much for your valuable inputs.
Can you tell me whats the COS fee for normal and premium processing if you have the info?

regards..

[shervin143]

Normal -> $320 + attorney fees
Premium -> Normal + $1000

[l12h1]

It would be really helpful if you can answer following two quries:

1. I have approved H1 petition for last year (2009-10) and want to move from L1 (comp A) to H1(comp B) by applying COS. Can this H1 be transferred to new employer(comp C) and if new employer(comp C) can file COS for me?

2. How much time do we generally get to move to new status once COS is approved?

Thanks again..

[shervin143]

1. I have approved H1 petition for last year (2009-10) and want to move from L1 (comp A) to H1(comp B) by applying COS. Can this H1 be transferred to new employer(comp C) and if new employer(comp C) can file COS for me?
>>> Possible.

2. How much time do we generally get to move to new status once COS is approved?
>>> Once the H1B is approved, the approval notice will have come with a "Valid From" date. Your status will change to H1B effective that date and you can no longer work for the L1 employer beyond that date. Most of the times the H1B approval date and the effective date will be the same (Unless your employer requested a date in the future).