Legal Question in Immigration Law in California

Re: L1B to H1B without COS

I'm not aware of any "new BCIS rules" the previous attorney's response is talking about unless he's talking about old changes in the law that's been around since 1996. Theoretically, you can have more than one visa at the same time as long as you're working as an L-1 manager/executive (like you've been doing) AND a professional person in the H-1B category. It's common knowledge in US immigration laws that a person can have more than one H-1B visas by being petitioned for by more than one company. Practically speaking, though, there's not enough time in a week to do more than one full-time job! Change of status can always be done from one nonimmigrant category to another as long as one is in status. Not so for one who's failed to maintain status. You don't need to have a new H-1B visa issued unless you're going to travel outside the US and come back. The new I-94 issued by the CIS on an approved COS is sufficient while you stay here. As far as your H-1B start date, it depends whether your H-1B was petitioned under fiscal year 2006 or 2007 -- you didn't give enough info to answer this. Check with the lawyer who did the H-1B for you!

Larry "Liem" Doan, Esq.

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Re: L1B to H1B without COS

in a nutshell, It is better to change your status to H1-b, immediately or as soon as possible, as it would not make much sense maintaining your L-1 status under the circumstances, especially since you cannot hold two visas at the same time. unfortunately, in order for you to legally change your status, you would need to get your H1 stamped in your native India as per the new BCIS rules. if you would like further assistance or direction, you may contact us today.