Immigration Issues/L1b to H1b

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Question
Dear sir,
Can I change my status to H1B in Aug 2015 without going out of US if My situation is as below:

I got L1B with company A in the month of June 2014. I have an approved H1B petition from company B on which was filed in April, 2014. My L1B is valid until July 2016 and so now I don't plan to join Company B instead work with Company A.

I do not plan to join company B but instead plan to join Company C on H1B COS from L1B in Aug 2015 ( upon completion of 1 yr with Company A

Can company C file my H1B COS under cap exempt using the approval notice of company B that I got this year later in Aug 2015?

Answer
Hi,

If the H1B petition filed by Co. B and approved by the USCIS states that you were granted change of status, then you are automatically in H1B status on the effective employment validity date (probably October 01). As you can hold only one status at a time, and the "last action" by the USCIS would have been approval of the H1B petition granting change of status, you will no longer be in L1B status on October 01.

You will not be subject to the visa cap if Co. C files its H1B petition anytime within the next 6 years.

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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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