Comments on: Change of Status or first time H1B visa stamping Canada or Mexico? H4 to H1B, F1 to H1B etc ? Go to Home Country for visa Stamping?

By: Saurabh

Saurabh — Sat, 10 Dec 2011 17:31:25 +0000

Yes, you will be on H-1 status from the approval date and need to work for H-1 employer and not L-1 employer. Your employer can request a start date of at most 6 months in future. In this way, even if your H-1 gets approved today, COS will not kick-in until 6 months from now.

In your post you mentioned “I can’t work with previous employer even though they have sponsored the first time H1 visa?” … You mean L-1 visa, right?

By: Kayyes

Kayyes — Sat, 10 Dec 2011 08:16:04 +0000

Thanks Saurabh… If my new employer files for l1 to H1 COS and on the day of approval itself my L1 status will be gone right? I can’t work with previous employer even though they have sponsored the first time H1 visa?

Can the new employer apply for ltoh conversion for any post date?

By: Saurabh

Saurabh — Sat, 10 Dec 2011 08:01:54 +0000

1. They can file L-1 to H-1 (cap exempt) w/ COS.
2. For first time H-1 stamping, home country is the preferred location.

By: Nish

Nish — Sat, 10 Dec 2011 00:15:11 +0000

Thank you so much for your reply.

By: kayyes

kayyes — Fri, 09 Dec 2011 21:11:10 +0000

L1 to H1 with CP. Checking the feasibility of changing employer –
I’m in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). My L1 is valid until Jul 2012 and H1B until Nov 2012.

My questions are –
1. If I get a new job from a different employer, can the new employer use my current approved H1B petition and apply for transfer or may be L1 to H1 with COS (cap excempt) or any other option? Or my H1B has to be stamped in my passport to be eligible for employer change?

2. Going to Canada for my H1B stamping a good option? I’ve 4 years work exp. in the US, I’m in the same location and same client. I’ve my client letter, pay stubs, W2 forms everything clean. I’ve never done any studies here in US/Canada and I’m from India.

Thanks in advance for your help.

By: Saurabh

Saurabh — Fri, 09 Dec 2011 00:23:10 +0000

I think you can still go to Tijuana. You can email the consulate there and confirm.

By: Vishal

Vishal — Thu, 08 Dec 2011 20:23:04 +0000

On the Mexico Tijuana consulate site it says,
Who Cannot Apply in Mexico:
“Applicants who obtained their current visa in a country other than that of their legal residence. ”
I obtained my last visa stamping (when I was working for my previous employer) from Tijuana itself. That however is now expired and I have a new I797. Does that mean I cannot go to Tijuana. Confused

By: Saurabh

Saurabh — Thu, 08 Dec 2011 06:17:01 +0000

Yes, once COS is approved you can immediately start working on H-1 from the COS approval date. No need to immediately go for H-1 stamping.

The petition can be filed w/ premium processing. This is just like a new H-1 petition w/ the caveat that it is cap-exempt because of your old petition. Your employer still needs to file I-129 etc. This is at times referred as H-1 transfer.

By: Vivek Chadha

Vivek Chadha — Thu, 08 Dec 2011 03:03:42 +0000

Thanks Saurabh.
A quick question, so if new employer files cap exempt H1 with COS, then I wont need to move out of US , can the cap exempt H1 be filed under premium processing and by old petition you mean I797 only?
is this called as filing amendment to existing approved H1 or that is something else?

By: Saurabh

Saurabh — Thu, 08 Dec 2011 02:18:18 +0000

1. The new employer needs to file cap-exempt H-1 along w/ COS. They need to submit old petition as proof that you have already been counted in the quota.
2. She also needs to move to H-4 when you move to H-1. Her L-2 will cease to exist once you move to H-1. She should not stay in US on L-2 once you move to H-1.