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Adjustment of Status, L-1A to H-1B

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  • 01-23-2009, 10:20 PM
    VishalK
    Adjustment of Status, L-1A to H-1B
    Dear Team,

    I am on L1A in US since last 6 months.

    My questions are

    1 > Can I shift from L1A to H1B (provided some company had applied and got it ) without having to leave US ?

    2 > Assuming Company A gets H1B for me but for some reason,I do not want to join this company and want to join Company B, how can I use H1B of Company A for Company B ? Is it possible ?

    Thanks,
  • 01-26-2009, 07:17 AM
    Mr. Knowitall
    Re: L1A to H1B
    Your employer would file to adjust your status. (That is, the one applying for the H1 visa.)

    You can't "transfer" an H1 until you're in status on the H1, which means you'll need to start working for your employer and get a couple of paystubs in hand. Otherwise Company B can apply for an H1 on your behalf and, assuming Company A isn't cap exempt and the first H1 was already approved, you'll already have been counted against the cap.
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