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  • L1 to H1

    Hi,

    I am currently working in Company A in L1 Visa and company filed L1 Conversion which got approved and valid till July 2015. Also Company B file H1 Petition for me, which also got approved (Applied WITHOUT Change Of Status (COS)) and petition is valid till Sep 2016.

    Before I am switching to Company B, I need to travel back to India for Vacation.

    I wanted to process my L1A visa and come to US and switch to company B once I reach US. But Company B is asking me to go to stamping for H1 Visa.

    Questions:
    1. Is there is any issue if I go for H1 Visa, As I haven't joined Company B. I dont have any proof other than offer letter.
    2. What will happen to my H1 petition if I come through L1A Visa?
    3. If I am come in L1A Visa, does company B needs to process my H1 again from beginning or just need to apply for COS?

    Please help me

  • #2
    Originally posted by fivesta View Post
    Hi,

    I am currently working in Company A in L1 Visa and company filed L1 Conversion which got approved and valid till July 2015. Also Company B file H1 Petition for me, which also got approved (Applied WITHOUT Change Of Status (COS)) and petition is valid till Sep 2016.

    Before I am switching to Company B, I need to travel back to India for Vacation.

    I wanted to process my L1A visa and come to US and switch to company B once I reach US. But Company B is asking me to go to stamping for H1 Visa.

    Questions:
    1. Is there is any issue if I go for H1 Visa, As I haven't joined Company B. I dont have any proof other than offer letter.
    2. What will happen to my H1 petition if I come through L1A Visa?
    3. If I am come in L1A Visa, does company B needs to process my H1 again from beginning or just need to apply for COS?

    Please help me
    1. Dont you have the I797 of Company B? You should have that along with a client letter to get confidence in going for H1 interview for B.
    2. No issues it will remain valid but as you would be entering on L1A you should work only with the L1 employer. Only after filing a COS and getting it approved by USCIS you should work for B.
    3. They would need to file a COS.

    This is my opinion not legal advice.

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