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  1. #1

    Default L1 To H1

    Hi

    Iam currently in USA on L1 through employer ABC. I had applied for H1B last year (2007) through another employer XYZ while I was in USA. This H1B was a COS, as it has I-94 on my approved petition. But after my H1B was approved, I had travelled out of USA for a month and came back in July07 on my L1. I now have a different I-94 then what is on my H1B petition.
    Can someone please tell me

    1. What would be my current status? is it L1 or H1? or how do I find my current status?
    2. If on L1, then do I need to apply for a COS again for H1?

    Please respond quickly

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: L1 To H1

    Your H1B was never stamped? You have never worked for your H1B employer? Then as I understnad the facts you have related you can't claim H1B status. You can apply for a change of status; assuming your original H1B employer was not cap-exempt you should have already been counted against the cap.

  3. #3

    Default Re: L1 To H1

    So does that mean my current status is L1? please confirm this
    and I need to apply for COS before I start working for my H1B employer? is this understanding correct?

    Also, can I direct apply for a H1B transfer to another new employer along with COS. Is this possible.

    Appreciate a quick response

    Thanks in Advance

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