Convert L1-B to H1. Is it possible?!?!

[FCLT]

Hi All,

I'm IT professional, I work for a US company (in my home country, Brazil). The company sponsored my visa L1-B VISA. I already got the L1 VISA. I was ready to go to US in this month, but now the company wanna change the plans and I'm not sure if I will go to US.

My question is:
I have the L1 VISA on my passport (valid until 2017), but I never went to the US with that VISA. Can I transfer my L1 to H1? I would like to start searching a job in US, but I would like to know if I can transfer my L1 to H1.

Thanks.

Regards,

[raghvi]

Hi All,

I'm IT professional, I work for a US company (in my home country, Brazil). The company sponsored my visa L1-B VISA. I already got the L1 VISA. I was ready to go to US in this month, but now the company wanna change the plans and I'm not sure if I will go to US.

My question is:
I have the L1 VISA on my passport (valid until 2017), but I never went to the US with that VISA. Can I transfer my L1 to H1? I would like to start searching a job in US, but I would like to know if I can transfer my L1 to H1.

Thanks.

Regards,

One's Visa Status is applicable only while in US. As you are outside US though you you have an L1 visa in your passport you are not on L1 Status.

You will have to find an employer who can file an H1 petition for you. Once the petition is approved, and if you are in US on L1 at that time you can file a COS(Change of Status) to H1 and once the COS is approved you can work with the H1 employer. If you are outside US and want to work with the H1 employer, you will have to go to US in your home country consulate to get an H1 stamping done. When you go for H1 stamping they will cancel you L1 stamping and once H1 is approved and stamped in your passport you can enter US and work for the H1 employer.

This year's H1 quota is finished. Next year's quota will open in April 2013 and you can work only from 01 Oct 2013 on a fresh H1.

This is my opinion not legal advice.

[FCLT]

One's Visa Status is applicable only while in US. As you are outside US though you you have an L1 visa in your passport you are not on L1 Status.

You will have to find an employer who can file an H1 petition for you. Once the petition is approved, and if you are in US on L1 at that time you can file a COS(Change of Status) to H1 and once the COS is approved you can work with the H1 employer. If you are outside US and want to work with the H1 employer, you will have to go to US in your home country consulate to get an H1 stamping done. When you go for H1 stamping they will cancel you L1 stamping and once H1 is approved and stamped in your passport you can enter US and work for the H1 employer.

This year's H1 quota is finished. Next year's quota will open in April 2013 and you can work only from 01 Oct 2013 on a fresh H1.

This is my opinion not legal advice.

Thanks Raghvi!

Unfortunately, I create a dream and put all my all expectations on this (work in US). Let's check what I could do! Thanks again.

Regards,