Background:
I’m currently working in the U.S. on an L1B visa. Last year, I was selected in the H1B lottery and already received an approved I-797B (Consular Processing).
Now I have a verbal offer from a new company, and I’m hoping the new employer can help “activate” my H1B through a transfer / new filing. However, the company’s immigration law firm, Fragomen, told me that it cannot be done.
What confuses me is that most information I’ve found online — including analyses from various AI tools — suggests that this should theoretically be possible. From what I understand, since I was already counted against the H1B cap, the new employer should be able to file a cap-exempt H1B petition with Change of Status (COS) from L1B to H1B, without going through the lottery again.
However, I can barely find any real-world cases or experience sharing about this situation online which makes me unsure whether this actually works in practice.
So I’d really appreciate hearing from anyone who has real experience with a case like this:
\-Currently on L1B
\-Previously selected in the H1B lottery
\-Already have an approved I-797B under Consular Processing
\-Switched to a new employer before activating H1B
\-New employer filed H1B COS inside the U.S. without consular processing or visa stamping
Is this actually doable?
Has anyone successfully done this, or received a clear explanation from an attorney about the limitations or risks involved?