Immigration Issues/L1 to H1

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Question
Hello Sir,
I am currently working on L1 B visa from company A and plan to file an H1 B visa from company B. Assuming my H1 petition is approved, I would still like to have the flexibility to continue working on L1 even after October 1st and start working on H1 only when my project at the current company ends.
1.) My understanding is that this is possible if company B files my H1 and requests 'Consular Notification' rather than 'Change of Status'. Is this true?
2.) I understand that I have two options when I finally want to start working for company B on the new H1
  a.) File for a change of status while continuing to stay in US. My question is - Can I file for a COS at any time of the year (and not necessarily April 1st)? Also I assume that this COS would not be subject to the annual H-1 quota of 65000 aplications (since I already have an approved H-1 petition). Am I correct?

b.) The other option - If I go outside of US and ask for H-1 stamping on my passport, would I be required to present pay stubs from my new company B or can I just tell them the truth that I was working with company A on L1 until now and plan to work on H1 for company B from now onwards only?

Your answers would be very much appreciated!

Thank you,
Sameer

Answer
Hi,

The assumptions in your email are correct. The H1B petition at time of filing should request consular notification. Your H1B status will thus be activated only when you apply for H1B visa stamp at a U.S. Consulate abroad, or if you request change of status within the U.S. from L1 to H1B. The COS can be filed anytime, as you will not be subject to the visa cap based on earlier H1B approval by the USCIS.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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