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Is It Possible to Transfer from L-1 Visa to H-1B Visa Without Waiting

Hi William:

I have L-1 visa from my current employer, and another company is ready to sponsor me an H-1B visa. Is it possible for me to transfer from L-1 visa to H-1B visa without waiting, or should I wait until October 1 for a fresh H-1B visa and against the H-1B quota? 

Answer:

If you have never before been on H-1B status, nor had an H-1B visa stamp, then you can not start working until the new H-1B petition has been filed and approved. This H-1B status will require being counted against the H-1B quota, unless you will work for a cap-exempt employer. This also means that for most private and for-profit employers, the starting date for a new H-1B would be October 1 of the year. 

 








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