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

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?

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Attorney answers 4


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.


Ye, you can do that, but planning is required

Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at


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 does not constitute an attorney-client relationship.


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 attorney to discuss your individual case.

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