How does hold L1 if H1B aproved ??

[sjassy]

Right now I am on L1 with company A, my I-94 valid till 2010 and i got approved H1B with company B.
I don't want to join the company B till I get the project and now I am going India by 5th October and I will be coming back in November.

so please someone tell me, Can I comeback to USA with L1 visa?
If yes then, what about my H1B visa?
If No then, when I need stamp the H1B visa and from where?

One more thing in my H1B petition, there is description says
"The above petition and change of status have been approved......"

What does it mean?

Please reply me ASAP as i have to fly in next 3 weeks

[upengan78]

Right now I am on L1 with company A, my I-94 valid till 2010 and i got approved H1B with company B.
I don't want to join the company B till I get the project and now I am going India by 5th October and I will be coming back in November.

so please someone tell me, Can I comeback to USA with L1 visa?
If yes then, what about my H1B visa?
If No then, when I need stamp the H1B visa and from where?

One more thing in my H1B petition, there is description says
"The above petition and change of status have been approved......"

What does it mean?

Please reply me ASAP as i have to fly in next 3 weeks

I am sure more knowledgeble people will reply but it is always nice to see some reply I assume it i s correct if not others please correct me


It looks like you will go on H1B status from 1 Oct2008 and L1 status will not be valid and I think you must have sent notice to resign on 30 Sept from your L1 company. if yout travel on oct 5 and come any time later you will be on H1B only and you will need Visa stamped too may be, I don't know how the process will be in terms delays ..

if you would like to retain L1 visa from 1 Oct 2008 , then I thnk you will have to go Canada or mexico on 30 Sept and come back on or after 1Oct and get I94 from that country while coming bck to USA. ( Please search for Leap Frog term in this forum)

if you do not want to go to canada mexico but still want to retain L1 and stay in same company then prepone your india tour from 30 Sept and automatically when you come back later you will be on L1.

hope I am correct

[sjassy]

thanks..

It's much clear now...thanks a lot. can somebody else confirm it??

One more thing, if I stay in USA even after 1st October then definatly H1B status will get effective but are you sure in that case L1 visa will be expired?

I thought, L1 visa expired only if I get stamp my H1B visa....is it right??
if yes then can i comeback to USA on L1 visa, even if I am on H1 status without stamping??

Thanks in advance!!!

[sjassy]

Please somebody reply ASAP!!! its Urgent

Please somebody reply ASAP!!! its Urgent

[txh1b]

Read the forum. You have tons of posts to refer to on the same subject.

[upengan78]

It's much clear now...thanks a lot. can somebody else confirm it??

One more thing, if I stay in USA even after 1st October then definatly H1B status will get effective but are you sure in that case L1 visa will be expired?

I thought, L1 visa expired only if I get stamp my H1B visa....is it right??
if yes then can i comeback to USA on L1 visa, even if I am on H1 status without stamping??

Thanks in advance!!!

if you did not search or searched and could not find anything

your L1 visa will not have any value once you are on H1 visa, COS !

so even if your passport has L1 visa mentioned it, the immigration department USA would only have H1B recorded for you...I don't think they will allow you to come to USA on H1 I-94 and L1 VISA , you will need H1B visa stamped in India?

[txh1b]

so even if your passport has L1 visa mentioned it, the immigration department USA would only have H1B recorded for you...I don't think they will allow you to come to USA on H1 I-94 and L1 VISA , you will need H1B visa stamped in India?

Visa and petition are two different things and you are not clear in what you said. Me thinks OP is trying to ask about leapfrog.

[upengan78]

Visa and petition are two different things and you are not clear in what you said. Me thinks OP is trying to ask about leapfrog.

what is not clear ?

I have already stated about leapfrog in my first reply and even though sjassy has old L1 visa in passport he will not be able to enter USA because it is not valid then because of COS. Obviously he has to do leapfrog, I am making sjassy clear that no way without leapfrog will he/she be able to enter on L1 Visa.

[txh1b]

what is not clear ?

Whatever you said below

your L1 visa will not have any value once you are on H1 visa, COS !

That is not true. Why does L1 visa get invalidated if it is a H1b COS? The visa is still valid, the status changes to H1b after Oct 1st. If a person wants to, they could work for a month on H1b COS while in US, leave the country, come back on L1 visa if L1 employer has the job and petition valid.

so even if your passport has L1 visa mentioned it, the immigration department USA would only have H1B recorded for you...I don't think they will allow you to come to USA on H1 I-94 and L1 VISA , you will need H1B visa stamped in India?

I could not even make out what you mean by these statements. US immigration does not have a recorded status for a person when one leaves the US. CBP is enforced with the duty to check the validity of a status when a person chooses to enter US. One could have L1/H1 valid petitions and at the point of entry decide which visa to use and enter. CBP verifies if the person qualifies to enter on that status.

No person is allowed to travel with an I-94 into US anyway.

[sjassy]

Thanks,

Thanks to both of you txh1b and upengan78,

I summarized whatever i got to know please confirm this.

As per txh1b comment, If i don't go for leapfron before 1st October even then I can retain my L1 visa to visit my home country in October-November month.

As i have already booked ticket to go India by 5th October and i will be coming back in first week November. I hope this will resolve my issue and i can comeback on L1 visa and later on whenever i want to work on H1 i just need to apply for COS or get stamp on H1.

Please Please confirm it again, this will be my final decision, and if you know any good attorney then i am ready to consult with him/her.

[sjassy]

Reformat the question

What would be the consequences of doing a leap frog after 1st October?
I meant to say if I go on 5th Oct and comeback on 5th November?

[txh1b]

You would be violating your status from Oct 1st. This has to be disclosed everytime you fill out visa forms and immigration forms and could lead to complications. DO NOT DO IT!

[sjassy]

sorry to bother you once again but i wanted to know the possible consequences because if risk is less then i would prefer to go 5th October because ticket is already booked and that can't be change otherwise i have to reserve new ticket that will cost me more.

[txh1b]

If you get yourself out of this country permanently, it might cost you even more.

[sjassy]

Thanks

Thanks once again txh1b,

I bit confused with your comments. In last comment you're saying, must have to go out of this country before 1st October but in previouse to previouse reply i understood I can go after 1st and can comeback on L1 visa.

Anyway in either case, I've decided to go India before 1st October and will come back with L1 visa. Let see how would I retain H1b later on.