[RaghavBansal]

Hello,

I am currently residing in US from last 1.5 yrs on L1b from Company A. Company B is going to apply for a H1b for me this year.

Here I have a few doubts-

1.) As I am already in US, should Company B apply for a change of status from L1b to H1b or a regular H1b or will it be automatically be considered as a change of status as I am already in US.

2.) If Company B files for a change of status from L1b to H1b and my H1b gets approved (with I-94 starting Oct'09), can I continue to work on current L1b till I could find a project with Company B.

3.) If Company B files for a regular H1b, and I am in US till Oct'09, Can I then file a change of status and join Company H1b or I have to visit my home country for VISA stamping.

4.) If Company B files for a change of status from L1b to H1b and I have to back to my home country before my H1b gets approved, Will their be any problems in VISA stamping as an I-94 will be attached to my I-797.

Thanks in advance. These questions are very Critical for me to make a right decision.

-Raghav

[DCcityboy]

1. your petition must choose either COS or consular notification.

2. this COS can only be effective 10/01/2009 as this is the first day of the new H allocation

3. there is no "regular" H-1B. See answer 1.

4. not enough information. You cannot get the H visa until approved and within 10 days of job start. Are you talking about your L visa stamp?

You are getting confused between filing for a COS and consular notification. With the questions you pose, you definitely need to consult with an attorney. respectfully, you do not understand the jurisdictional difference between the DHS (USCIS) for visa classification approval and the DOS for visa issuance, nor do you understand the processing of visa petitions or visa applications. You need to consult with an experienced immigration attorney.