Regarding COS from L1 to H1 based on approved I797 B

Asked over 2 years ago - North Arlington, NJ

I came to the US on L1B with comp A on 15th Nov 2010. On 21st Nov 2011 I applied for H1B with US based comp B. On march 5th 2012 I got I797 B approval without I94 and it is saying that I need to go to home country for stamping. Client of company B wants me to join in 20th March. Is there a way I can avoid going to my home country and apply for COS staying in the US based on my approved I797 notice which falls under cap. Please note I was never out of status and have all the pay stubs from comp A on L1b

Attorney answers (2)

  1. Alan M Lubiner

    Contributor Level 10

    Answered . Apparently your COS was denied. Unless there was service error, you need to go outside the US to get the visa to return. the I-797 should have been accompanied by an explanation about the COS. If you think there was an error, you might be able to make a motion to reconsider. Make an appointment for an immigraton lawyer to review your documents, but do so quickly as you only have 30 days from the date of the decision to make a motion.

    Answers given on this site are general advice only and do not establish an attorney-client relationship.
  2. J Charles Ferrari

    Contributor Level 20

    Answered . No. You need to leave the US and reenter with a valid H-1B visa stamp in order to work for the H-1B employer.,

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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