Am with my H4 and I want to get a valid work visa. If my company gets a L1-B petition approved, can I work without getting it stamped?
If your employer petitions for your L-1B with a request that your status be changed in the US, you will then be able to start working for that Company/employer upon CIS approving the COS petition and will not need to depart the USA for "stamping". If, on the other hand, the company files the COS with a "request for consular notification", which I strongly doubt, since you are now in valid H-4 status it seems, then you will need to depart, apply for an obtain an L-1B visa stamp in your passport and only then come back and start working for the company in L-1B status.
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.
if your employer files the L-1B petition as a change of status and the approval notice comes with a new I-94 record at the bottom, then you can start working from the effective date on the approval notice, without obtaining an L-1B visa from a U.S. Consulate. If the petition is not filed as a change of status, then you will need to leave the U.S. and obtain an L-1B visa from the U.S. Consulate, once the petition is approved. Discuss with your employer's immigration counsel.
Yes, the company's LAWYER can apply for your status to be changed from H-4 to L-1B without you leaving the US.
You will need a stamp the next time you travel to your home country.
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. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
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