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L1 to H1B transfer without Change of Status(COS)

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  • L1 to H1B transfer without Change of Status(COS)

    I've received an approved H1B petition in last year quota. I did not opt for Change of Status during H1B application and still on my L1 visa.
    Now I wanted to shift to H1B. My I-797 B is not having I-94 attached.
    1. Is this because I did not opt for Change of Status?
    2. Or Is this because some other issue with my petition?

    If I don’t have I-94 attached to I-797 B then,
    1. Do I need to go out of US and get my H1 visa done and in turn new I-94?
    2. Or my H1B employer can activate my H1B and get a new I-94 w/o travelling out?

  • #2
    1. Is this because I did not opt for Change of Status?
    2. Or Is this because some other issue with my petition?
    >>> I-94 comes with with COS.

    If I don’t have I-94 attached to I-797 B then,
    1. Do I need to go out of US and get my H1 visa done and in turn new I-94?
    >>> Yes.

    2. Or my H1B employer can activate my H1B and get a new I-94 w/o travelling out?
    >>> Your employer can file an H1B amendment petition to change the status. Your company attorney need to provide a valid reason for changing a consulare process petition into a COS.
    Not a legal advice. Use of this information is strictly at your own risk.

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