Immigration Issues/COS to H1

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Question
I got my L1 stamped on 30 Oct 2007 and also applied for H1 during April 2008 when I was in India. On June 1 2008, I came to US and in July 2008 I learnt that my H1 got approved from USCIS. However in Dec 2009 I went to India on vacation and came back on L1. Can i apply for a COS to H1 and start working here? I heard from my H1 employer that since i left the country and did not get it stamped, I am not eligible now to apply for a COS. Can you please confirm? I appreciate your help on the same and will help me to take a better decision.

Answer
Hi,

You cannot request "extension of H1B status" since you are not currently in H1B status, but there is no problem in obtaining "change of status" from L1 to H1B.

In addition, you are not subject to the H1B visa cap since you earlier (within the past six years) had H1B approval even if you were not technically in H1B status earlier. Thus, any company can file H1B petition for you requesting change of status to H1B.

You can call our law firm during business hours at 212-268-3580 or email info@h1b1.com for guidance.

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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