Immigration Issues/Hi to L1 Transfer

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Question

My situation is similar to

http://experts.about.com/q/Immigration-Issues-344/L1-H1-L1-1.htm

I was here on L1 with company A (visa expired May 2006 and petetion/I94 valid until 2008), Company B applied for my H1.I did not know about the "change of status"  possibility and thought it would be a fresh H1.Then there was an RFE from USCIS.At that time while discussing the details I came to know that Compnay B has applied it as "Change in Status"..Then I instructed them to apply as a fresh H1,when they submit details of RFE (which they did)

What happened was that the H1 got approved as "change in H1
status"

may be a mistake at the USCIS end.Company B is willing to help me to change it to a consular case.

Will USCIS change the H1 from "Change of Status" to Fresh H1

Becuase still i am evaluting the pros and cons of working with Company A itself..I was applying for this as an additional option

What are the options I have

Thanks in advance for your advice

Tom


Answer
Hi Thomas,

You are now automatically in H-1B status. It cannot be changed unless you either: a). depart the U.S. and apply for L-1 visa abroad at a U.S. Consulate and then enter the U.S. on L-1 visa, or b). Co. A files a L-1 petition for you requesting change of status from H-1B to L-1.

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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