L1 to H1 please help

[anakrish]

Hi

I am currently employed with company A under L1 status. My L1 is valid for another year or so. Meantime, last year i had applied for a H1 with
the same employer which was approved and i received the I797 without any problem. I had not chosen the COS (change of status) since i dint want
my wife's status to change from l2 (EAD) to H4.

Now, i would like to change my status from L1 to H1.

(1) Can my employer (or me) file for the change of status based on the H1 approved (with the same employer last year). Does this have anything to
do with the present CAP or availability? If, so what would be the processing time for the COS?
(2) If for some reason, the COS cannot be obtained or my present company lawyers have some issues in applying COS, then as i understand the only way
to obtain a H1 stamp would be to go out of the country and come back with h1 stamp. Would there be a problem in this case since the H1 was approved last
year and the present CAP is full etc?

Any response is highly appreciated.

[reddymjm]

As it is already approved I don't think you can now chose for COS. If it was a USCIS mistake they might consider. You said you did not opt for COS.

The only way for you to get the H1 status is to get your H1b stamped. You should be able to give a reasonable answer in case the visa officer asks you why you delayed etc.

[sumagiri]

Hi

I am currently employed with company A under L1 status. My L1 is valid for another year or so. Meantime, last year i had applied for a H1 with
the same employer which was approved and i received the I797 without any problem. I had not chosen the COS (change of status) since i dint want
my wife's status to change from l2 (EAD) to H4.

Now, i would like to change my status from L1 to H1.

(1) Can my employer (or me) file for the change of status based on the H1 approved (with the same employer last year). Does this have anything to
do with the present CAP or availability? If, so what would be the processing time for the COS?
(2) If for some reason, the COS cannot be obtained or my present company lawyers have some issues in applying COS, then as i understand the only way
to obtain a H1 stamp would be to go out of the country and come back with h1 stamp. Would there be a problem in this case since the H1 was approved last
year and the present CAP is full etc?

Any response is highly appreciated.

You can apply for COS based on your approved H1 while you are in USA. I did the same. The processing time and fee is same as any H1.

[kaisersose]

Hi

I am currently employed with company A under L1 status. My L1 is valid for another year or so. Meantime, last year i had applied for a H1 with
the same employer which was approved and i received the I797 without any problem. I had not chosen the COS (change of status) since i dint want
my wife's status to change from l2 (EAD) to H4.

Now, i would like to change my status from L1 to H1.

(1) Can my employer (or me) file for the change of status based on the H1 approved (with the same employer last year). Does this have anything to
do with the present CAP or availability? If, so what would be the processing time for the COS?
(2) If for some reason, the COS cannot be obtained or my present company lawyers have some issues in applying COS, then as i understand the only way
to obtain a H1 stamp would be to go out of the country and come back with h1 stamp. Would there be a problem in this case since the H1 was approved last
year and the present CAP is full etc?

Any response is highly appreciated.


1) Yes, not a problem. You have already been counted against last year's cap and therefore cap is not an issue in your case. Processing time will depend on where you apply. You can get it done in 2 weeks by paying an extra $1000. Also note that it will cost you the same as a new H-1b.

2) The other option is to travel out and back in. Your H-1b being from last year is not a problem.

[anakrish]

thanks guys, that was really helpful.

Regards
Anand