L-1 to H-1B: Why and How to Switch in 2026

Updated 2026-10-214 min readNot legal advice in W X

QUICK ANSWER

You can switch from L-1 to H-1B, but most people need a lottery selection first. Your L-1 time also counts toward the six-year H-1B limit. Here is why people switch, why some stay, and how the process works in 2026.

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A quick L-1 refresher

L-1 is for employees transferred to a US office of the same company group.

You generally must have worked abroad for the company for one continuous year within the three years before you came.

First L-1 stays are generally up to three years, or one year for a new office. Extensions come in steps of up to two years.

Why people switch

L-1 status has a hard ceiling. L-1A managers can stay up to seven years, and L-1B specialists up to five.

H-1B allows a total stay of six years. USCIS can extend it beyond that based on green card steps such as a labor certification or immigrant petition.

H-1B also lets you change employers. A new employer files a petition and asks to extend your stay.

If you plan to change jobs, see our H-1B transfer guide.

Top H-1B sponsors, 2025US Department of Labor data

Employer	H-1B filings	Transfers	Median pay
Amazon.Com Services LLC	14,047	2,382	$155k
Cognizant Technology Solutions US CorpGC frozen	10,209	872	$110k
Ernst & Young U.S. LLP	9,808	269	$143k
Google LLC	7,899	844	$186k
Microsoft CorporationGC frozen	7,840	879	$173k
Tata Consultancy Services LimitedGC frozen	7,287	353	$86k

Every sponsor, with their open jobsSee the list ›

Reasons to stay on L-1

L-2 spouses are work authorized as part of their status. They can show an I-94 marked L-2S.

H-4 spouses are not. They can get a work permit only if the H-1B worker has an approved I-140 or an AC21 extension.

If your spouse works, switching can cost them their job for a while.

L-1 vs H-1B at a glance

If you have L-1 time left and your spouse works, staying can make sense. If you need job freedom or your L-1 clock is nearly done, switching usually helps. If you are on L-1A, ask how a switch affects any EB-1C plan.

Changing jobs: L-1 ties you to one company group. On H-1B, a new employer can file for you, and you can usually start once it files.
Time limit: L-1B allows five years and L-1A seven. H-1B allows six, with extensions past six possible through green card steps.
Spouse: L-2 spouses can work by status. H-4 spouses need an H-4 EAD, which requires an approved I-140 or AC21 extension.
Green card: L-1A managers and executives may qualify for EB-1C, which needs no PERM labor certification. Most H-1B workers go through PERM.
Lottery: L-1 has none. H-1B usually needs a lottery selection unless the employer is cap-exempt.

Your L-1 time counts

Federal rules count time in H and L status together toward the six-year limit.

After six years in H and/or L status, you generally cannot extend, change status or reenter in H or L status. You must first spend a year outside the US.

So an L-1B worker with five years used may have little H-1B time left. Green card steps can sometimes extend it.

When your L-1 time runs out

L-1B ends at five years and L-1A at seven. After that, the rules bar a new L or H stay until you have lived outside the US for one year. Brief visits do not break that year, but they do not count toward it.

An L-1B worker promoted to a manager or executive role can reach seven years. USCIS must approve the change, and you must hold the role for at least six months.

Because H and L time count together, switching late in your L-1 leaves little H-1B time. Talk to an attorney well before you hit the limit.

How the switch works

Your employer registers you in the H-1B lottery. For FY 2027, registration ran March 4 to March 19 and cost $215.
The lottery is now weighted by wage level. That rule took effect on February 27, 2026.
If you are selected, the employer files Form I-129 asking for a change of status. FY 2027 filing opened on April 1, 2026.
The regular cap is 65,000, plus 20,000 for US advanced degree holders.
Cap-exempt employers, such as universities, can file without the lottery.

Change of status or consular processing

If you are selected, the petition can ask USCIS to change your status inside the US. Or it can ask for consular processing, where you get an H-1B visa stamp abroad.

With a change of status, you stay in L-1 and keep working for your L-1 employer until the H-1B takes effect. If approval comes after October 1, you remain in L-1 until then, as long as your L-1 is still valid.

Consular processing means a visa interview. Since September 2025, most applicants must interview in their country of nationality or residence. USCIS guidance on the $100,000 payment also covered petitions that request consular notification. See visa stamping and travel.

Fees in 2026

USCIS says the $100,000 proclamation payment does not apply to a change of status it grants inside the US.

If USCIS denies the change of status, or you leave before a decision, the payment can apply.

As of October 2026, a court order has paused collection, but the government's appeal is pending. See our $100,000 fee guide.

DHS has also proposed a $103,265 fee for cap-subject H-1B petitions. It would be separate from the proclamation payment. As of October 2026, it is only a proposal.

Timing tips

File the change of status while your L-1 is still valid.

Avoid international travel while the petition is pending.

If your L-1 job ends, you may get up to 60 days or until your status expires, whichever is shorter. You cannot work during that time.

Changing employers from L-1

You cannot transfer an L-1 to an unrelated company. L-1 status depends on working for the company group that transferred you. A move to an affiliate in the same group can stay L-1 with a new or amended petition.

A new, unrelated employer must file for you in another status, usually H-1B. That generally means a lottery selection, unless the employer is cap-exempt or you were counted against the cap before. O-1 is another route if you have strong evidence of extraordinary ability.

Looking for that next role? Browse H1B jobs by role.

Not legal advice

This is general information, not legal advice, so confirm your situation with an immigration attorney.

Questions

Do I need the H-1B lottery to switch from L-1?

Usually yes. Cap-exempt employers, such as universities and qualifying research groups, can file without the lottery.

Does my L-1 time count toward the six-year H-1B limit?

Yes. Federal rules count time in H and L status together toward the six-year limit.

Will my spouse keep work authorization?

L-2 spouses are work authorized by status. H-4 spouses need a work permit, which requires an approved I-140 or AC21 extension.

Will I pay the $100,000 fee to switch from L-1?

Not if USCIS grants a change of status inside the US. As of October 2026, collection is also paused by a court order.

Can I switch from H-1B to L-1 while in the US?

It can be possible if you worked abroad for the same company group for one continuous year within the required three-year window. Time spent working in the US for that group does not break the window, and your H-1B time counts toward the L-1 limits.

Can I hold an L-1 and an H-1B at the same time?

No. You can be in only one nonimmigrant status at a time, and you can work only under the status you hold.

What happens when my L-1B reaches five years?

You cannot extend it. Unless you change to another status first, you generally must live outside the US for one year before returning in L or H status.

Can I transfer my L-1 to another company?

Not to an unrelated company. A new employer must file for you in another status, usually H-1B.

Can I stay on L-1 until my H-1B start date?

Yes. With a change of status, you keep L-1 and keep working for your L-1 employer until the H-1B takes effect, as long as your L-1 stays valid.