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Can I convert counselor processing H1B (Regular process) application to change of status application with premium process ?

Farmington, MI |

Currently I am I US On L1b (with valid I-94 ,no visa),My company applied for fresh H1b With counselor Processing (through regular process), which is in Initial review stage, Can I convert this application to change of status (With Premium process), as I don’t want to go to my home country for stamping? -At what stage ?,Whether need to wait till the petition gets approved ?

Attorney Answers 3


  1. No. You can do no such thing. Only your employer and the petitioner on that application can seek such changes.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  2. Any legal submissions of H!B always belong to the sponsor and any further amendments or conversion are done by that entity exclusively. You ask relevant questions, which should be addressed to the company's attorney not to a general legal forum.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


  3. Your employer can pay for premium processing. If you petition is approved, you can return home 10 days before October 1 in order apply for an H-1B visa. Please see

    Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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