I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.
See all posts Frank GogolWhat do you do when changing status from L-1 visa to H-1B visa
Updated on April 10, 2024
Written by
Written by
If you’re one of the many people who is changing from an L1 visa to an H1B visa, you’re probably wondering what procedures, rules, and regulations you need to follow to ensure your Change of Status is as smooth as possible. There are many things to take into consideration; can you continue working for your L1 employer after your H1B visa becomes active? Can you continue to work without using your H1B visa? How much time do you have to make the switch and what does the Department of Labour say you should do? In order to put your mind at ease while you go through this change, we’ve written this short guide to try and answer some of these questions.
Can you continue working After your H1B visa is activated? If you have gained your H1B visa through an application made by a new employer and that visa has become active as of 1 October, you are obliged to cease working for your L1 employer straight away. As part of your application, your I-94 card will have been updated and your status will now be changed to that of an H1B visa holder. If you choose to continue to work for your L1 employer, you will be considered out of status and at risk of penalty.
Do I have any time to change employment? If during the application process, you ask your H1B employer to send your visa for consular processing, you can buy yourself some time by delaying having your visa stamped. This means your application is approved but your I-94 card will not be updated and your status will not change automatically. This will take a very accommodating employer and, at a time when you wish to change status, you will need to either leave the country and get your H1B stamp at a consulate or apply for a new Change of Status.
Are there other options? If you haven’t asked your employer to send your application for consular processing, you still have a couple of options if you want to continue working on your L1 visa but you will need to act quickly as working out of status can affect any future visa applications. One option is to leave the country and re-enter using a valid L1 stamp. While another possibility is to have your L1 employer apply for a Change of Status from H1B back to L1.
Loans for Visa Holders!
Loans for up to $25,000. No cosigner required. No prepayment penalty.
What does the Department of Labour say? You may have heard of a Department of Labour rule that indicates that H1B visa holders have a sixty day grace period to change their employment status. This is not true, there is a rule in place that protects H1B visa holders’ right to payment but it is aimed at employers, not visa holders. The only rules you should worry about in this scenario come to the USCIS and, as previously stated, they say you should change your employment as soon as your H1B visa becomes active.
Have you had experience changing from L1 visa to H1B Visa? Do you have any advice for people who are in this situation? Why not let us know in the comments.
About Stilt:
Stilt provides
Frank Gogol
I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.