L1B to H1B conversion..

[mahantesh]

Hi,

I have L1B to expire on 2012 FEB. I will be completing 5 years by then. So as I have still around 1 year of L1B visa left so can my current employer change the visa to H1 to stay longer in US?

If yes and they apply for H1 do I still need to go out of US for stamping?
If Not do I need to stay outside 1 year and apply for H1 and comeback?

Please respond.
Mahant

[immihelp]

You don't need stamping for L1 to H1 change. But if you go out, you need stamping before you can get in agan.

[mahantesh]

L1 to h1b

Thanks a lot for the information.

So the third point is only if I go out of US then I need the stamping right?

Regards,
Mahant

1. Changing from L-1 to H-1B involves the employer filing a change of status (COS) petition with USCIS. Assuming that you are subject to the H-1B cap, this H-1B could not start until 10/1/09.

2. Processing times for COS petitions vary, it will probably be 2-4 months. the employer could pay an extra $1000 to CIS for premium Processing, ensuring a response in 15 days.

3. No, your status can automatically change to H-1B if the COS is approved. You would need a new visa to return from international travel once the COS took effect - except for short trips to Canada or Mexico.