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Changing Status from L1 to H1B

Sometimes people ask for converting the L1 visa to H1 B which is not possible. L1 to H1B transfer is not allowed and so the L1 visa can not be converted to H1 B visa. In that case, your employer has to file H1B application. When your H1B visa will get stamped, your L1 will be automatically cancelled.

We have different solutions for the people in different situations. Let us take a look to few of the common queries and their solutions:

I am employed with company A on an L1 Visa. I got an offer from company B, which agreed to file for my H1. Now, due to technical issues, I am still working for company A but they don’t know of my H1. During the period, I have got an offer from third company C. Now, can I get my H1 transferred to company C without working with company 2?

To get your H1 transferred to company C, you need to have worked with company B for at least 2 payroll cycles.
I am currently on L1 with a status end date of 6th April, 2007. My employer instead of trying to extend an L1, processing for H1B for me (I never had a H1B and am on L1 for 3 years). Mostly the start date for new H1B will be 10th May 2007. So do I need to stay out of US from April 7 to 10th may or is there any way to avoid that?

Legally you will be out of status once your L-1 gets expired. We would suggest your employer should first apply for the L 1 extension and mean while he should start the filing process for your H1. It is not advisable to stay there once you are out of status.

We would suggest you to convince your employer for getting your L1 extension fist.
I am working in the US with company A on an L1 Visa. Now I have got an offer from company B. I have applied for the H1 transfer and it has been approved. But the terms of company B say that I can’t access to my pay stubs for a year. This rule is to stop me from joining another company. Is it legal from company side to do so? What if they withhold my pay stubs? Is there any way for me to transfer my H1 after a few months?

It is possible to get an H1 transferred through bank statements or W2 but BCIS/INS might question you for your pay stubs. In this case we would suggest you to take advice of your attorney before taking any step.
And yes, company can not withhold your pay stub as it is illegal in USA.

For more information and questions regarding this, please go to our section of H1 Visa Transfer FAQs.

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