Immigration Issues/H1B Transfer


QUESTION: I had applied for H1 through company A from India, which got approved in september 2005 (it was applied as a fresh H1 with consular processing). This petition is valid till september 2008, but i did not get the H1 visa stamped.

In 2006 i came to US thru company B on a L1-B visa and currently i am still in the US working for the same company.

My Question is: Can I transfer this approved H1B petition to another company X by using my L1B paystubs and start working for company X on H1B without going out of the US for stamping?
ANSWER: Dear Arya:
If they approve your change of status from L-1B (company B) to H-1B (company X) you can start working without going out of US. If you wish to go to India and return then you need to have a valid visa.


Ramasamy Krishnan
9801 Westheimer
Suite 302
Houston, TX 77042

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

QUESTION: Thanks a lot!!!
Really appreciate the very quick response. I have a some followup queries on this.

1. My L1B visa has expired now and i am on I94 which is valid till end of 2008. Does this have any effect on the Change of Status?

2. If in case the Change of Status is rejected, can i still continue on the L1B visa and will my employer get notified about this in anyway?

3. Does my application of Change of Status in the above case fall in the new H1B cap for 2008?

4. How long will it take usually for the Change of Status to get approved?

Dear Arya: The answer to your questions:
1) As your I-94 is valid until the end of 2008, there will be no impact on your change of status,provided you continue to maintain your L-1B status.
2) Yes. You continue to be on L-1B status.
3) In my opinion you would not be subject to the cap.
4) I am not sure what the current processing time would be after April 2, 2007 when the H-1B quota opens up.

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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