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Immigration Issues/L1 to H1 change of status

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Question
Hi,

I entered US on L1B visa from company A on May 2005, and Company B had applied for my H1B 2006 quota and it got approved.
I did not want to join Company B on Oct 1st 2006, so I went to Canada and got my L1 Visa stamped on Dec 2006 that is valid till Dec 2009
, and I have entered USA on L1 visa.
Now I would like to move to company B and to H1B status.
How should I change to company B? Is it mandatory to get my visa stamped to override L1 with H1 status or
I can apply for change of status (COS) in U.S. itself?.

If I go for visa stamping for H1 to Mexico, I have the below questions.
1. If I get any query on H1, does it impact on my L1 status?.
2. Can I enter USA using my valid L1 visa if my H1 is rejected or any query on H1 visa stamping?

Thanks,
Kondala

Answer
Kondala,
You have to file a change of status if you do not wish to obtain an H visa.  
1.  In my opinion, if you have problems getting the H stamped in Mexico you could return on your L1 provided you still are working for the L1 company.  NOTE, this opinion is based solely upon the limited facts you have given me.
2.  See above.
Good luck
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

Expertise

Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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