How can I continue on L1 after H1 is approved?

Question: I am currently on an L1A visa. I also applied for a change of status to H1B this year. Can I continue on my L1 visa even after the H1 is approved? The reason is that my employer is filing for my green card under EB1.

Answer: If you want to continue on the L1 you can either withdraw the H1 petition before it is approved, or you can go outside the U.S., and return after the H1 start date on the existing L1 visa. If you wait till the H1 is approved, your status will automatically change to the H1 as of the start date of the H1.

 

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