Legal Question in Immigration Law in Georgia

L1 to H1 change of status options

Hi.. I am currently on L1B visa which was extended few months on Jan 2010 with I-94 extension

Last year I had filed H1b visa via consultant which was approved, I never switched to H1 till date

Now I am getting a offer from different employer for permanent post, Can I use my last year H1b visa and ask them to file COS or Transfer visa along with I-94 change

Employer can only transfer the H1b visa, he cannot sponser a new H1

Do I need spoonser again for the H1b visa transfer or activation

Please help me knowing, what would be best option for me


Asked on 9/07/10, 5:15 am

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

If the H1B petition approval noted that you were granted change of status, then you were automatically in H1B status as of the effective validity date on the H1B approval notice (Form I-797) as you can hold only one status and that was the "latest action" by USCIS at that time.

In any event, a different employer can file H1B petition for you, and you will not be subject to the visa cap. You can work for the new employer only upon approval of H1B petition granting H1B status. H1B status is employer specific, so you can work only for employers which file H1B petition for you.

You can call our law firm at 212-268-3580 during business hours, or email [email protected] for guidance.

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Answered on 9/12/10, 6:34 am


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