Transfer from L1 Visa to H1-B visa?

Question

I am a H1-B visa holder, but currently working on L1 visa for an IT firm in US. I would looking forward for a new job on H1-B visa.

But I am not sure whether my H1B visa has got canceled or not.

My H1-B visa stamping was done after the L1 visa stamping. So, the latest visa stamping done is H1-B visa. Will there be a problem for me to work on H1B in US

please help me out.

Answer 1

You're saying that your H-1B visa was issued after your L-1 visa was issued, but the most important document to consider is your I-94. When you last entered the U.S., what visa symbol was endorsed on your I-94, L-1 or H-1B?

If it was L-1, then you need to be working for the L-1 petitioner. If it was H-1B, then you need to be working for the H-1B petitioner.

If you are currently working for an IT firm who petitioned for you as an L-1, and your i-94 says that you were admitted as an L-1, then you're okay.

If your I-94 was endorsed with the H-1B classification, you should not be working for the L-1 petitioner. You should be working for the H-1B petitioner. If you are not working in the classification endorsed on the I-94, you are out of status.

If you want to change status from L-1 to H-1B, you can do so by filing form I-539 and the supporting documents listed in the instructions.