L1B Petition Transfer to H1 ?

[deepindersingh_leo]

Hi,

My current employer had filed L1B Visa in July 2012 which was valid till Aug 2015 (now expired). However, I still have a L1 petition which is valid for 5 years. I have never traveled on L1 Visa and currently in India working with same company.

Can someone (any US based employer) use the same petition/transfer or file a fresh petition on the basis of it and get me H1B visa?

Thanks,
~Deep

[raghvi]

Hi,

My current employer had filed L1B Visa in July 2012 which was valid till Aug 2015 (now expired). However, I still have a L1 petition which is valid for 5 years. I have never traveled on L1 Visa and currently in India working with same company.

Can someone (any US based employer) use the same petition/transfer or file a fresh petition on the basis of it and get me H1B visa?

Thanks,
~Deep

An L1 visa cannot be converted to an H1 visa. You need to have the employer file a H1 petition separately. Cap based H1 will be accepted only from April 1st 2016.

This is my opinion not legal advice.