Change of Status L-1B to H-1B

USA L1, L2 Visa
1

Hi,

I am on L-1B visa that has been expired in March 2021, and my extension is filed and I have got RFE now. My H-1B petition got approved, So I have question - can my attorney file change of status L-1B to H-1B. I asked with my attorney they answered change of status can only from abroad US consulate. I need suggestion, can my COS be file in US in my case?

2

Your attorney is correct. Change of status can only be applied while your I-94 is still valid. So if you respond to the RFE and then your L1B extension of status application gets approved, your employer can file for change of status if you dont want to go for consular processing. Otherwise, if you want to switch to H1B now, you will need to go for visa stamping.

You may want to explore the options for TCN stamping at Canada if you have issue getting appointment at India consulate.

1 Like
3

Hi Kalpesh,

Thank you so much to clarify my query.