As a general rule, yes, a person is entitled to change status while in the US. In this particular situation, however, there are no more H-1B visas available until October 1, 2014.
The H-1B category, just like the L-1A allows for "dual intent" and an individual in either one of these categories can have an immigrant visa petition filed on their behalf while on either L1A or H-1B categories. The fact that an immigrant visa has been filed or is pending will not be an impediment to change, extend or renew status.
Behar Intl. Counsel 619.234.5962 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.Ask a similar question
Your employer files the required petition. The earliest that an H-1B petition can be filed is April 1, 2014, and the earliest you can be on H-1b is October 1, 2014.
Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.Ask a similar question