L1 to H1 Transfer

[chandrashekar]

Hi,
Currently am working in US with the company 'A' on L1B. My L1B visa is valid until november 2013. I am planning to transfer my visa from L1 to H1 in April 2012. Please suggest If I should go back to India for stamping after H1 is approved or Can I work here on H1 from October as my I 94 is valid until nov 2013? Please suggest.

Thanks
Chandu

[shervin143]

It depends on whether your H1B will be filed as a COS or for consular process. If the H1B is filed as a COS from L1 and if your H1B approval comes with a new I-94 attached to the approval notice, then you can (and you should) start working for the H1B sponsor as of the H1B efefctive date (Oct 1st) that will be mentioned in the approval notice. If the H1B approval doesn't come with a new I-94 (approved for consular process), then whenever you decide to work for the H1B sponsor, you should leave the country, get the H1B visa stamped and return back in H1B visa and H1B petition (which will get you a new I-94 associated with the H1B petition that will allow you to work in H1B status).

[chandrashekar]

Thanks a lot for the prompt reply!!!