Transferring of L1B to H1B when in US

USA H1B Visa
1

Hi

I got my L1 B (COMPANY A) visa in APR 2012 and I was in US for 6 months and went back to india in OCT 2012.

After going back to India, I applied for H1B through a consultant (COMPANY B )in APR2013 ( the petetion is still in “RFE review” as on date and I am expecting to get a decision in a month as per Company B)

I am currently in US on the same L1B visa (COMPANY A) and will be here for One year.

Now I have few questions.

  1. If my H1B petetion get approves now when I am in US, WIll the status change (from L1B to H1B) by default or Will I have the option of choosing when to transfer to H1B and join the new company?

  2. Also after H1B approval, Can I go back to INDIA and come back on the same L1B visa, even though i got my H1 B Petation Approved

  3. Can any company apply for a fresh H1B as a COS( since I already have a L1B visa stamped) when I am in india??

  4. Since i am currently in US on Company A L1 ,and if my H1B from Comany B gets Approved then should i need to Quit Company A immediately or can i stay on L1 un till when i want to Move on to H1B ??? or un till i go back to India and get H1B Stamped??

Thanks in advance for the reply.

2

  1. It won’t change automatically as it was applied when you were in India. COS needs to be applied separately or you need to enter US on stamped H-1 visa.

  2. Yes, you can do that as long as your intent is to return and work on L-1/

  3. Another company can apply for cap-exempt H-1 petition once your current H-1 petition has been approved. If the current petition doesn’t get approved, then you need to go through the cap again. COS can only be applied if you are present physically inside US at the time of filing. If you are in India, then COS cannot be applied.

  4. You can continue to work for A until their L-1 expiration date or move to B - it’s your choice. The former requires no action on your part, while the latter requires filing and approval of COS or entering on stamped H-1 visa.

3

Thank you so much for the reply!!