Could I switch to H1B When I applying for Green Card on L1B status?

Asked almost 2 years ago - Milwaukee, WI

I'm working in USA under L1B now. My company will begin the Green Card applying process for me soon, but it takes long time(may be 5 or 6 years) when my L1B VISA expired. So, When I applying for Green Card on L1B status, could I switch to H1B? Can Green Card filling process cause any problem in COS L1B-H1B? If I can switch to H1B, would we have to re-do any part of the Green Card applying process? Or will whatever processes we started while on L1-B keep going after we switched to H1-B?

Attorney answers (4)

  1. Erik CJ Anderson

    Contributor Level 11

    3

    Lawyers agree

    Answered . As a general rule, you are permitted to change your status from L-1 to H-1B during the pendency of your employment based green card matter. Ideally, this change will occur before you begin your 5th year of L-1 status so as to position you best for post 6th year extensions of your H-1B visa. Keep in mind that any H-1B petition will likely be subject to the annual H-1B cap, so consult with your employer and plan ahead.

  2. Stephen D. Berman

    Contributor Level 20

    Answered . Yes, if you are still in valid nonimmigrant status you can change to H1b assuming such visas are available and you are qualified for the visa.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  3. Neil Ian Fleischer

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Ye, you can do that, but planning is required

    www.immigrate2usa.com

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  4. F. J. Capriotti III

    Contributor Level 20

    Answered . Possible? Yes

    Good idea? Probably not.

    Talk to the lawyer that will be processing the greencard papers.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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