How can I get a chage of status for my visa? 5 Answers as of February 20, 2012

I have a valid L1- B visa that will expire in June 2012. I would like to know if I can apply for a change of status to h1 immediately. If so can I legally work till the visa h1 is approved. Also if I wanted it apply for a green card , can I stay in the country while it is being processed?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
No, you cannot do it immediately as the H-1B quota is closed for the current fiscal year. The earliest a new H-1B visa petition can be filed is April 1, 2012 with a start date of employment of no earlier than October 1, 2012.
Answer Applies to: California
Replied: 2/20/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
You cannot do so immediately, but can file in April for a change of status starting next October. *H-1B Specialty Occupation Visa* You qualify for what is known as the H-1B Specialty Occupation Visa. You will need to have an employer agree to sponsor you for a job. It does not need to be a full-time position, but it should be related to your degree. Our firm can do the entire petition. Once we begin processing and get it filed, it normally takes about six to nine months to get the approval. Please note that H-1B's are very limited and are only available for small periods of time during the year. Therefore, Premium Processing discussed next should be used. If you want a work permit in an expedited manner, you can take advantage of the Premium Processing program at USCIS. This will allow you to have the expedited answer in less than one month. You will need to add $1,500.00 to the cost below for Premium Processing. There are only a limited number of H-1B's and it must be filed by April 1. However, it is still possible it will not get selected for this years allotment.
Answer Applies to: California
Replied: 2/17/2012
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes to all your questions but just make sure that there are H-1B visas available for you to jump to; as long as you have a status, you can jump to a different status. I don't know that you can try to bridge the gap between the time that your L-1 expires and a new H-1B is available.
Answer Applies to: California
Replied: 2/15/2012
Baughman & Wang
Baughman & Wang | Justin X. Wang
you may change status from L to H provided that you are eligible for H visa. However the time you spent on L will be counted for your H visa (if you have spent 3 years in L status, you now have only 3 more year in H status). You cannot work for the H visa employer until the change of status is approved by the USCIS. You cannot wait here for your green card processing unless you either have a valid nonimmigrant status or you have filed I-485.
Answer Applies to: California
Replied: 2/14/2012
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You must wait until April 1, 2012 to apply for a change to H-1B status but must extend your current status until 9/30/2012 for the change because H-1B status can only be granted as of October 1, 2012. You will otherwise not be able to maintain your lawful stay and work authorization past June 2012. As for a green card application, you can remain in the U.S. while it is pending as long as you maintain nonimmigrant status until the point when you can apply for adjustment of status. When that will be depends on your background and requirements of the position through which you will apply. You may want to consult with an immigration lawyer for a detailed review of your immigration history, background, and proffered position for a detailed assessment of you situation.
Answer Applies to: California
Replied: 2/14/2012
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