[gautam2006]

Situation: I am here in US since Feb on L1 till date. I had been to US before on same L1 for 45 days. My L1 had expired by Mar 2006 (One year on B-L1). I got it extended and have the extension papers till the date as on my I-94 which is Jan 2008.



Background: My H1 was applied last year but then due to the delay and the quota being complete by then, it couldn’t be filed. The same papers were used to file the H1 this year and they were filed in mid May 2006. I presume I will get the fresh H1 now.


Questions:

1. Will I be considered as on H1 status from Oct 1 2006 by default or is it at the employer’s discretion to have me continued on L1 (which I need to avoid)? In that case do I need to apply for a change of status (COS-Is there a need for this at all?) to make it mandatory that my L1 goes out of status and I would be on only H1 status effective Oct?


2. I am looking for a change of my job so that I can work in the US for a longer duration and for other reasons too which are specific to the current employer and situation at work.

With the above situation in mind, do I need to go back to India to get it stamped before I transfer (port) my H1 to the desired employer who wishes to get me on board or can I have them transferred to other employer from US itself without going to India?

What are the pre-requisites?


Bottom line: I am here till second week of December on this assignment. Keeping the above situation in mind I needed to know my approach to have my H1 transferred to a new employer without any issues?

Would very much appreciate your advice on this regard.



Thanks in advance,

Gautam