Immigration Issues/H1 to L1 to H1



I am working for Company A currently. I entered the U.S in Nov 2007 on a H1B visa for which the petition was approved in 2005 and the visa stamped in Oct.2007.

My H1B visa and I-94 expires in May 2008. Now my company doesn't wants to extend my H1B and wants me to file for a change of status to L1.

I would like to know if get my status changed to L1 and don't leave the U.S after that would I be able to file for a status change/transfer from L1 to H1 again or will I have to apply for a fresh H1 B with Company B.

Will I be exempt from the cap of 65000 since I have already been counted against it in 2005 or I have to file a new H1B with Company B with being counted towards the cap.

Best Regards,

ANSWER: You can file for a change back to H without leaving as long as you have not at that time beem granted H or L status of at least 6 years combined. You would not be suject to the cap.



---------- FOLLOW-UP ----------

QUESTION: This means that Company A changes the status from H to L now but if I remain in the U.S I could still change my status from L (Company A) to H (Company B) although my H visa and I 94 expires on 31st May 2008.

I would not require a new H1 B with Company B if I do not travel outside the U.S

You would require a new H1 petition but you would not have to leave to get a visa stamp immediately. You would get it on your first trip out after the change. If you do not leave during the validity of the H you do not need new visa but do need new petition.



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Robert Hollander<B> Esq.</B>



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