L1B to H1B - I 94 & Travel issue

[dsp143]

Hi
I’m working with company A on L1B valid until Jan 2015 and A is not ready to file H1 this year since L1 is valid till Jan 2015 & they are thinking of L1 extension when it’s due…
And on the other hand company B is assisting me file H1B this year. Now there is couple of situations and I haven’t really found an answer on it…Would truly appreciate your feedback on this…
I came back to the US on L1 in May 2013 and since my passport was expiring in Jun 2014, I-94 was given to me only up to June 2014. Currently my passport is under renewal process. Now the problem is I have to go to India in May 2014 & return in June 2014 due to some company policy…
1. What would be the impact on H1 application when I return in June 2014 on L1? I have read that if I return on L1, the COS will get abandoned and it will be in CP.
2. Is it wise enough to visit India for a week to have the I-94 extended before H1 filing? I was thinking of crossing US-Canada border & come back with a new I-94 however my PP is still with the consulate and I’m not sure how long it takes for Canada visa process (And then anyways I will have to go back to India for a month in May 2014.)
3. What if I don’t come back in June 2014 and decide to wait in India till I hear back if my H1B is approved or not?
4. In case H1B is approved , can I have that transferred to my Company A. ( I know that’s not possible, but just want to confirm)

[raghvi]

Hi
I’m working with company A on L1B valid until Jan 2015 and A is not ready to file H1 this year since L1 is valid till Jan 2015 & they are thinking of L1 extension when it’s due…
And on the other hand company B is assisting me file H1B this year. Now there is couple of situations and I haven’t really found an answer on it…Would truly appreciate your feedback on this…
I came back to the US on L1 in May 2013 and since my passport was expiring in Jun 2014, I-94 was given to me only up to June 2014. Currently my passport is under renewal process. Now the problem is I have to go to India in May 2014 & return in June 2014 due to some company policy…
1. What would be the impact on H1 application when I return in June 2014 on L1? I have read that if I return on L1, the COS will get abandoned and it will be in CP.
2. Is it wise enough to visit India for a week to have the I-94 extended before H1 filing? I was thinking of crossing US-Canada border & come back with a new I-94 however my PP is still with the consulate and I’m not sure how long it takes for Canada visa process (And then anyways I will have to go back to India for a month in May 2014.)
3. What if I don’t come back in June 2014 and decide to wait in India till I hear back if my H1B is approved or not?
4. In case H1B is approved , can I have that transferred to my Company A. ( I know that’s not possible, but just want to confirm)

1. Yes. If you travel before decision on H1 then COS is considered abandoned and H1 most probably gets approved as CP/
2. Why do you want to travel just in order to get a new I-94 when anyhow you would be travelling in May 2014?
3. What if? What is the question?
4. Yes it is possible.

This is my opinion not legal advice.

[dsp143]

1. Yes. If you travel before decision on H1 then COS is considered abandoned and H1 most probably gets approved as CP/
2. Why do you want to travel just in order to get a new I-94 when anyhow you would be travelling in May 2014?
3. What if? What is the question?
4. Yes it is possible.

This is my opinion not legal advice.

1. Till when can I continue working on L1 (provided my L1 gets extended post Jan 2015, this is my 2nd L1 3yrs+ 3yrs) if the H1B application goes in CP approval, and when can I request COS.
2. The sponsor said since the i94 is getting expired in june, you will have to go to India again for stamping in Oct and suggested to have the I94 extended, so the only way was to step out of US…my passport is under renewal and expecting that by Mid Feb or end of feb and further if it takes about a month for a Canada visa, I thought it’s better to visit India and if possible I can ask my company A to cancel the May visit; if they don’t then I have to visit.
3. There is a very thin possibility that the project that m working on may get discontinued, so if I go to India in May-June 2014; I doubt I would be coming back to the US on L1.
4. When can I have it transferred to my L1B company, Oct 1 or as soon as I get the H1B approval.

[raghvi]

1. Till when can I continue working on L1 (provided my L1 gets extended post Jan 2015, this is my 2nd L1 3yrs+ 3yrs) if the H1B application goes in CP approval, and when can I request COS.
2. The sponsor said since the i94 is getting expired in june, you will have to go to India again for stamping in Oct and suggested to have the I94 extended, so the only way was to step out of US…my passport is under renewal and expecting that by Mid Feb or end of feb and further if it takes about a month for a Canada visa, I thought it’s better to visit India and if possible I can ask my company A to cancel the May visit; if they don’t then I have to visit.
3. There is a very thin possibility that the project that m working on may get discontinued, so if I go to India in May-June 2014; I doubt I would be coming back to the US on L1.
4. When can I have it transferred to my L1B company, Oct 1 or as soon as I get the H1B approval.

1. L1 is for max 5 Years not 6 Years. So you can continue working till 5 years completed or till I-94 expiry whichever is earlier.If H1B goes to CP you can request COS anytime but its upto USCIS to approve CP to COS.
2. But you would be leaving anyhow in May/June. Also, you can go to nearest CBP post and request a new I-94 after getting the new passport. Only if they refuse would it make sense to go outside and re enter in order to get a new I-94.
3. If that happen you will have to leave US, and await H1 approval ,and then once H1 petition is approved, go for H1 stamping and if stamping approved, return with new H1.
4. As soon as approval but the start date can only be 01-Oct-2014 or later. You would need the approval notice in order to try a transfer.

This is my opinion not legal advice.

[dsp143]

1. L1 is for max 5 Years not 6 Years. So you can continue working till 5 years completed or till I-94 expiry whichever is earlier.If H1B goes to CP you can request COS anytime but its upto USCIS to approve CP to COS.
2. But you would be leaving anyhow in May/June. Also, you can go to nearest CBP post and request a new I-94 after getting the new passport. Only if they refuse would it make sense to go outside and re enter in order to get a new I-94.
3. If that happen you will have to leave US, and await H1 approval ,and then once H1 petition is approved, go for H1 stamping and if stamping approved, return with new H1.
4. As soon as approval but the start date can only be 01-Oct-2014 or later. You would need the approval notice in order to try a transfer.

This is my opinion not legal advice.

1. I agree its 5 years, but so far I have completed about 36 months in the US (I just hope USCIS doesn’t consider 15 days spent in 1 month & 20 days from the 2nd month as 2 months in total)
2. I had inquired online asking if that option is possible & the CBP officer replied asking me to have my company file for an extension. (So does that mean if I’m re-entering the US in June, USCIS would be updated with the new I-94 date for the H1 B application)

Truly appreciate all your replies, thanks a bunch; you have cleared a lot of confusions i had.

[raghvi]

1. I agree its 5 years, but so far I have completed about 36 months in the US (I just hope USCIS doesn’t consider 15 days spent in 1 month & 20 days from the 2nd month as 2 months in total)
2. I had inquired online asking if that option is possible & the CBP officer replied asking me to have my company file for an extension. (So does that mean if I’m re-entering the US in June, USCIS would be updated with the new I-94 date for the H1 B application)

Truly appreciate all your replies, thanks a bunch; you have cleared a lot of confusions i had.

1. USCIS goes by actual number of days spent in US while calculating the 5 Year period.
2. No. As I said, if you leave while a COS is pending it will be abandoned and USCIS will approve the H1 as Consular process. So if it is imperative for you to leave Post April 2014 (for company policy reasons) then its very unlikely that your H1 will be approved as a COS. Yes, if you can leave before filing H1 and return with a fresh I-94 it will be beneficial as then you can file a COS. But you getting a new passport number, a new I-94 as well as necessity to travel, and project uncertainty all together complicates the whole matter.

This is my opinion not legal advice.

[dsp143]

1. USCIS goes by actual number of days spent in US while calculating the 5 Year period.
2. No. As I said, if you leave while a COS is pending it will be abandoned and USCIS will approve the H1 as Consular process. So if it is imperative for you to leave Post April 2014 (for company policy reasons) then its very unlikely that your H1 will be approved as a COS. Yes, if you can leave before filing H1 and return with a fresh I-94 it will be beneficial as then you can file a COS. But you getting a new passport number, a new I-94 as well as necessity to travel, and project uncertainty all together complicates the whole matter.

This is my opinion not legal advice.

I'm back with an update & few more questions...
As you know m with company A on L1B which is good upto Jan 2015, my i94 is valid until June 2014 & i wud be travelling in May 2014 & return in June 2014 on L1B. Quite obvious my fresh H1B application filed by company B will go in CP due to my travel during the H1B approval process.
1. Can i continue working on L1 upto Jan 2015 & further if extension is granted even after H1B approval under CP. I believe the answer is Yes
2. I understand that only if i'm joining the company B, i'l have to visit India to get the H1B stamped since it wud b under CP, but what if i continue working with A on L1B & want to have that H1B under CP transferred to my company A or C without the need to go back to India for stamping, is that possible?

[raghvi]

I'm back with an update & few more questions...
As you know m with company A on L1B which is good upto Jan 2015, my i94 is valid until June 2014 & i wud be travelling in May 2014 & return in June 2014 on L1B. Quite obvious my fresh H1B application filed by company B will go in CP due to my travel during the H1B approval process.
1. Can i continue working on L1 upto Jan 2015 & further if extension is granted even after H1B approval under CP. I believe the answer is Yes
2. I understand that only if i'm joining the company B, i'l have to visit India to get the H1B stamped since it wud b under CP, but what if i continue working with A on L1B & want to have that H1B under CP transferred to my company A or C without the need to go back to India for stamping, is that possible?

1. Yes, if you get an I94 till Jan 2015.
2. Its not that you have to go to India, any employer can apply a new cap exempt petition as a COS using the approved consular process petition.
Though USCIS generally approves, the petition as consular one if one travels while it is pending, there are cases wherein USCIS approved it as COS even if the person had travelled, in that case, it can be confusing whether one is on H1 or L1 on the COS date.

This is my opinion Not legal advice.