Immigration Issues/L1 to H1 transfer

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Question
Hi,

Currently I am working on L1 in US. My current employer is paying me per diem and also complete indian salary. While I was in INDIA another employer(XYZ) filed H1 for me and I have that approoval with me now. But I never stamped based on that H1.

Now I want to change to the H1 and work for XYZ( employer who filed my H1). Do I need to apply through standard COS process? I appreciate your replies on this.

Thanks in advance
Kishna Prasad.

Answer
Hi,

There are two choices to work for the H1B employer: Either the H1B employer file I-129 again with USCIS requesting change of status to H1B, or you can apply at a U.S. Consulate in your home country for H1B visa stamp and  then enter the U.S. based on existing H1B approval notice.

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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