L1B to H1B conversion

Hi Surabh,

I am on L1 visa with current employer.

Some consulting employer is ready to file my H1B application for 2016-17

Below are some of my queries

  1. If my H1B gets approved, Will I need to work for consulting employer from oct 1st?

  2. Cant I stay on L1B for some more time and change when needed from L1 to H1B?

  3. If in case I can stay on L1B, what will happen to my H1B?

Please help me to sort out these questions

Thanks in advance


  1. If the consulting company applies COS, then you need to work either from October 1 or from approved date after October.

2.Yes you can continue on L1B but you need to invalidate COS in case if they apply by just leaving US and come back on L1B between Sep 20 - October 1 week. In case if they apply any COS this will invalidate your COS.

  1. You can hold H1 and you can join them if they agree or other employer by applying cap exempt transfer if you have petition.

Please refer the below question which was answered by Saurabh.


Thanks for the quick response!

Is there any way the consultancy apply for my H1B this year without COS?
By this way I can work on my L1B and change the employer when I find some other employer!

Lottery is not required. If you are transferring to other employer, you need to do initiate the transfer process with cap exempt petition with USCIS.