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  1. #1
    Join Date
    Jan 2010
    Posts
    2

    Red face How to Change to H1b Status Without Leaving the Country

    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!

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Change to H1b Status Without Leaving the Country

    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.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Change to H1b Status Without Leaving the Country

    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.

  4. #4
    Join Date
    Jan 2010
    Posts
    2

    Default Re: How to Change to H1b Status Without Leaving the Country

    Thanks for all your replies. I will talk to my Immigiration officer again.

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