Switching jobs while on a L1 with an approved H1 Consular Visa

[sammat84]

Hello everyone,

I am looking for advise on what is possible in my current situation -

I have been in the US for the past 3 years on a L1 visa. This year I got my H1 visa petition approved. However, the visa received is a consular one and as I understand it for me to activate my H1B status, I will have to leave the US, secure an H1B visa and the new visa to enter the US.

Provided that is true,
1. If I look to switch jobs using my H1 visa, can the new employer premium process the transfer of the H1B approved petition? I believe I will still have to exit the US and get the visa stamped to start my new employment?
2. The current wait times for H1 interviews in India I have heard are many months, can I get the visa stamped in a US consulate in Canada? The approved petition has MUMBAI as the consulate.
3. My wife will have to apply for her H4 visa at the same time as well right as her L2 status will become invalid with me switching the visa?

Appreciate your insights.

[rkk09]

Hi Member,

Please see my response below.

1. If I look to switch jobs using my H1 visa, can the new employer premium process the transfer of the H1B approved petition? I believe I will still have to exit the US and get the visa stamped to start my new employment?
Answer: If you are looking for H1B transfer then your new employer can file the petition to seek change of status approval too.. If H1B transfer is approved with change of status approval then you dont require to go for visa stamping unless you have any travel plan abroad.

2. The current wait times for H1 interviews in India I have heard are many months, can I get the visa stamped in a US consulate in Canada? The approved petition has MUMBAI as the consulate.
Answer: If you got approved with consular notification then whatever consulate they have mentioned in the approval notice, Please plan for visa stamping to the location.. It is not really suggestable to go another US consulate.

3. My wife will have to apply for her H4 visa at the same time as well right as her L2 status will become invalid with me switching the visa?
Answer: Of course... Once you change your non-immigrant status then you will have to change your dependents status also. While you go for stamping, please also plan for dependents stamping interview.

All the best.
Thanks