How to Change to H1b Status Without Leaving the Country

**visa4sat** · 01-27-2010, 01:04 PM

Hi,

I am at present in Company A using my L1A visa.

My L1B expired during Nov 2008. I got my H1B approved with the same Company A that became effective from Oct 1, 2008. Meanwhile, as my spouse was using her EAD when I was in L1B I did not want her to lose her full time job. So I applied for my L1A and I received it on Oct 23, 2008 overriding my H1B. Now I want to switch back to my H1B for the same company A as its I-94 is going to expire this May 2010. My Company's Immigration officer wants me to go back to India to stamp my approved H1B as I switched my H1B status to L1A during 2008.

Can I initiate a petition for form I-539 for a change of status to avoid travelling outside the US? If yes, will my spouse will be out of status before she could re-instatiate her approved H1B during Oct 2008?

Thanks in advance!

**T53147** · 01-27-2010, 02:17 PM

You have been advised by an attorney with all of the facts of your case. It is in your best interest to follow his advice.

**Mr. Knowitall** · 01-27-2010, 02:34 PM

You cannot change your status with an I-539. With your employer's cooperation it should be possible with an I-129, but you already know what your employer wants you to do.