L1B extension and H1 through consular processing - Both approved.

[abhi035]

Hi All,

My L1B Visa and I-94 was expired on 15-Dec-2011 and my company filed for L1-B Extn which was approved in July 2012. In Apr 2012, my company also filed for H1-B through consular processing which was also approved in Aug 2012. Presently I am on L1-B Extn and I want to change my status to H1-B. My company told me that my status can only be changed after going back to home country as H1 was filed for consular processing.

Could you please tell me

1. Can I change my status from L1 to H1 from Canada? It is mandatory to go back to home country.
2. Is it possible to change my status from L1 to H1 without leaving USA?
3. What will be the impact on my spouse visa who is in L2 with I-94 Valid till 2014?

Thanks.

[kabkaba]

Hi All,

My L1B Visa and I-94 was expired on 15-Dec-2011 and my company filed for L1-B Extn which was approved in July 2012. In Apr 2012, my company also filed for H1-B through consular processing which was also approved in Aug 2012. Presently I am on L1-B Extn and I want to change my status to H1-B. My company told me that my status can only be changed after going back to home country as H1 was filed for consular processing.

Could you please tell me

1. Can I change my status from L1 to H1 from Canada? It is mandatory to go back to home country. -- It is possible. But your employer will have to do that by filing a petition amendment.
2. Is it possible to change my status from L1 to H1 without leaving USA? -- See above.
3. What will be the impact on my spouse visa who is in L2 with I-94 Valid till 2014? -- There is no L2 status without the L1 status. So once your status changes to H1, your spouse will have to change to H4.

Thanks.

See above.