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Can I transfer my approved H1B COS to L1 COS again with the help of an attorney personally ?

Clifton, NJ |

I'm in L1 & my H1b COS is approved . Now if I want to remain in L1 whether I can personally hire an attorney to change H1B COS to L1 COS without informing my L1 employer .Needless to say that I am unable to go out of the country to retain my L1 status .

Attorney Answers 4


  1. No need for an attorney for that. If you had a change of heart and no longer wish to work for the employer who petitioned you for the H-1B, you don't need to do anything. Simply ignore the H-1B that was approved to your employer anyway (with you as the beneficiary) and simply continue working for your current L-1B employer as if nothing happened. (Your status does NOT automatically "change" Just because there was a petition approved on your behalf! For any such approval to really "change" your status to H-1B, you would need to "activate" that approval by entering the payroll of the H-1B employer and starting to work for him. Only then will you be considered to have "changed" your status to H-1B. Not before and unless. Rest assured. The only problem you will now face is the disgruntled employer who will wonder why he spent thousands and thousands of dollars or an individual who now does not even care to show up for work; bit that's another story altogether..)

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. I respectfully disagree with my colleague. Since the H was filed as a COS, remaining with the L employer and continuing to work for L employer past your H start date is a status violation as your status was effectively changed upon the service's approval of the change. Furthermore, continuation of work with the L employer would be deemed unauthorized work.

    The answer provided is general in nature and should not be construed as legal advice as not all facts are know by the attorney, nor does the answering of this question create an attorney client relationship.


  3. No your L1 employers would need to sign the change of status documents


  4. I don't see any other option except that you will have to depart the U.S. if you do not wish to join your H-1B employer. COS is not possible as (1) L-1 is a company petition and (2) you will have to maintain H-1B to seek to change status.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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