Q: L1A to H1B: Status change & stamping concerns?

A: H1B is subject to a cap and a lottery so you need to be selected in order to change status to H1B. Any time spent in L1 status counts towards the 6-year limit in H1B status. If your H1B is selected and approved, you may or may not go for H1B stamping. If the H1B stamping is not approved, you may return to the US on your valid L1A visa, which expires in September 2026 if the L1A job still exists.

A: If your H1B petition is approved, you can either request a change of status from L1A to H1B while staying in the U.S., or choose to maintain your L1A status and later obtain the H1B by going through consular processing abroad. Changing your status to H1B while in the U.S. is an option but not mandatory before attending the H1B visa stamping appointment.

If you travel abroad to apply for your H1B stamp and the consulate denies your H1B visa application, you can still re-enter the U.S. using your valid L1A visa, provided it hasn't been canceled or revoked during the H1B application process. Your existing L1A visa remains independently valid, as long as your employment situation hasn't significantly changed, and you continue to maintain the eligibility criteria under the L1A visa requirements.

To reduce risk, consider ensuring that your employer clearly indicates your intention to maintain your L1A status unless and until your H1B is approved and stamped. It's also wise to consult with your immigration attorney prior to your travel to make sure there are no unforeseen complications that could affect your re-entry to the U.S. Always carry thorough documentation confirming your ongoing employment under the L1A visa when returning to the United States.