Immigration Issues/L1 to H1B


I am working in US with a employer A in L1B status, which is valid till March 2010.
I am planning to go for H1B with employer B, which will be filed on April 2008 and if approved I will start
working for employer B from october 2008.

My questions.
1. What are the different methods to apply H1 being in US?
   a.Can i opt for a new H1b
   b.Or by default my H1b will be considered as Change of Status

2. I have planned to travel to India during may/june.
  Will there be any problem for my H1B approval or COS due to the change in my I-94 attached with my
  H1b approved petition
3. when is the period my Change of status will start, is it after the petition got approved.
4. Is it true, one cannot travel out of country when in COS pending?
5. If the COS is cancelled, Does that mean my H1b got cancelled or I can start working
  only after getting my H1b stamped.

The H1B can be applied either as consular processing or as a change of status.  If consular processing then you may have to leave the country and enter on the H visa to start working on H status.  If change of status then your status will become h1 from the start date of the H application.  You cannot travel while the change of status is pending.  If change of status you do not need a visa stamp to work for H employer.
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


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,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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