Need urgent help.Husband working on L1 and wife on L2..Both the H1's approved wit cos

[byk]

Hi All,
I am here giving you all details of my situation. Can you please go through my questions carefully and answer them.Sorry for the long description..I want to be clear....Hope you will patiently read through and clarify the things as this will be a major decison for me.Please ask me if you have additional questions.
Background:
I am currently working for company A on L1-B Visa which is valid till Dec 2009 and Wife is working(Permanent position with a Client) on L2 EAD. This year(2008) both our H1 application(with COS from Oct 1st 2008) got selected in the lottery .I wanted to what are the different option i have with this situation. Most importantly I wanted to know how i can continue my L1 job and how my Wife can continue her L2 permanent job with the client using her new approved H1 after Oct 1st.

• I am working on L1-B Visa from June,2005.3 years completed by this June,2008
• My L1 Visa is valid till 20th Dec,2009 and my L1 I-94 is valid till 10th Jan,2010
• My Wife L2 visa is valid till 20th Dec, 2009 and L1 I-94 is valid till 10th Jan,2010.
• My Wife’s EAD is expiring Feb,2009

Questions I have now:
1)Can I continue working on my L1,even though the status is changed to H1 from OCT 1st?
I heard there will be some grace period of 3 months for this to start working with H1
Will there be any problem in future if i continue working on L1.What are those problems. Will I be out of legal status in that period after Oct 1st 2008?


2) If i can't continue working on L1 after October 1st, What should i do to reinstate my L1 status and continue working on L1. Is there an option like (leapfrog) which I read in some forums?


3) If I keep continue working on valid L1 status even after Oct 2008, Can i use the H1 approval in future by applying the change of status from L1 to H1. Do i need to do that through the employer who filed my H1 or any employer can apply for this L1 to H1 COS. Do I need pay stubs for this:
Here is an example of the situation:
I am currently in USA on L1 through employer ABC. I have an approved H1B through employer XYZ (that was filed previous year 2007). I have not yet started working on H1B for employer XYZ (no pay stubs from XYZ. Now I have an offer from a third employer PQR. With the above situation can someone tell me if :
1. The new employer PQR can apply for my L1 to H1B status change and transfer my H1B to join them (without pay stub from XYZ)
2. Is there any other document required from my XYZ employer apart from the H1B approved petition
- Is their anything that employer XYZ can do that would put my status and H1B process in jeopardy


4) Currently my Wife is working on L2 (EAD).Her H1 is also selected in this year lottery. Will her L2 EAD becomes invalid after Oct1st 2008. Can she continue her current job on EAD. Her EAD is valid till Feb 2008.

We are looking for below three options: Please suggest us which one would be better option:
a) Can you tell me how my Wife can continue her L2 permanent job with the client using her new approved H1 after Oct 1st. Can she transfer her H1(if client Agrees) to the client from the Employer who applied her H1.Can we do notify this to the employer who applied her H1 or can this be done with out notifying him?
In this case Client may be ready to Process her Green card using her H1.
b) Can she work with the client as contractor through the consulting company which filed her H1? Can she switch back from Permanent position to Contracting position.
In this case the Consulting Company is ready to process her Green card if she joins them.
c) If client doesn’t agree for H1 transfer and asks her to continue her permanent job on her L2 EAD.
What steps need to be taken to reinstate her L2 status. Her EAD is currently valid till Feb 2008.

6) One more thing is this year two consulting companies filed my H1 and both of them got selected. The fist Case is pending as USCIS has requested for additional evidence (RFE) and the second one is still in processing status. If both H1’s are approved will that cause a problem in future? Can I use only one H1 and leave the other one if both are approved.
Do I need to cancel the second H1 which I will not be using? What will happen if I don’t cancel the 2nd H1.

1st H1 Case: Current Status: Request for Additional Evidence Sent.
2nd H1 Case: Current Status: Case received and pending.

Do i need to cancel one or use the othere once? or is it fine to leave both of them active and use only one?
will there be any problem in my H1 stamping if both are active after approval.?

7) I have already completed 3 years of my stay in US on L1-B.I came to know that I can stay only 5 years on L1-B. When should my Current employer start processing for green card to make me stay in US even after 5 years limit?

If i convert to H1 now and my employer starts processing my Green Card in next year, which stage will allow me to stay back in US even after 6 years of H1 limit. Can I reach that stage by year June 2011? Can you briefly explain the stages for green card.

8) My wife is currently working(Permanent position) for company A using her L2-EAD.Company B filed for H-1B which got selected in the lottery and should get approved. She wants to work for company A without working for company B after Oct1 2008.I mean transfer form EAD to H1 smoothly.

Can she transfer approved H1 petition to another company A without working for company B who filed it? Also, will it have any downstream effect when I file Green Card?


Cheers,
BYK

[txh1b]

Rather a lengthy post, you should have split it into multiple posts for easy readability or posted some as a followup to initial response from users.

1. NO, A big NO. It is illegal. No grace period. You should not work on L1 after COS is approved.

2. Search for leapfrog on immihelp in the forum. You need to leave country before Oct 1st and return after october 1st on L1b/L2 visas to continue working on L1/L2 respectively.

3. If you do 2 above, you can apply for COS later on when you are ready to work on H1b or get a visa stamp and re-enter. Paystub is needed only to prove your current status at the time of transfer. If it was L1, L1 paystubs are needed. If it is H1b, H1b paystubs are needed.

4. Yes, L2 EAD is invalid as her COS gets approved and that new H1b status is active from Oct 1st. Work on L2 EAD is illegal

a. The client can transfer her approved H1b immediately after it is approved, even before Oct 1st and she can work for the client directly on the H1b after it gets approved instead of the L2 EAD from Oct 1st. It is suggested to go with PP for such cases to get a result soon.
b. It depends on contracting agreements. If there is a non-compete agreement, it may not be possible to switch. Many clients don't prefer to hire already existing FT employees as contractors.
c. Travel out and re-enter after Oct 1st to reinstate L2 status and you also should be on L1.

You have to decide which option to use.

5. There was no question #5

6. The one can be used. No need to cancel another H1b. That is employer's wish. Both will result in RFEs most likely if they are consulting companies asking about the job, any client contracts etc. No problem with stamping if both are active. There is no such thing as a H1b is active or passive.

7. Extensions on L1b are not possible. H1b extensions are possible if GC labor is filed 365 days before the 6 th year.

You need to look up green card process on the main page of immihelp. Every stage is clearly explained there.

8. Has already been answered in #4(a). Can be transferred to new employer without paystubs before Oct 1st. Should be done well in advance as soon as the approval comes through under PP.


An attorney would have easily charged you for 2 hours of his time for all these broad range of questions starting from L1 to H1b to H1b transfer to Green card. You almost covered the entire immigration cycle leaving behind naturalization

Phew! Now I need a coffee.

[byk]

Thanks Alot

Hi txh1b,
Thanks alot for patiently going through my post and answering all of them.
Even the 5th question which i missed in numbering...I owe you a coffe for sure.

It was just bcoz of my curiosity and my mind going through lots of questions i posted all of them at once. next time i will make sure i will split them into multiple posts..

Thanks alot.

Cheer,
byk

Rather a lengthy post, you should have split it into multiple posts for easy readability or posted some as a followup to initial response from users.

1. NO, A big NO. It is illegal. No grace period. You should not work on L1 after COS is approved.

2. Search for leapfrog on immihelp in the forum. You need to leave country before Oct 1st and return after october 1st on L1b/L2 visas to continue working on L1/L2 respectively.

3. If you do 2 above, you can apply for COS later on when you are ready to work on H1b or get a visa stamp and re-enter. Paystub is needed only to prove your current status at the time of transfer. If it was L1, L1 paystubs are needed. If it is H1b, H1b paystubs are needed.

4. Yes, L2 EAD is invalid as her COS gets approved and that new H1b status is active from Oct 1st. Work on L2 EAD is illegal

a. The client can transfer her approved H1b immediately after it is approved, even before Oct 1st and she can work for the client directly on the H1b after it gets approved instead of the L2 EAD from Oct 1st. It is suggested to go with PP for such cases to get a result soon.
b. It depends on contracting agreements. If there is a non-compete agreement, it may not be possible to switch. Many clients don't prefer to hire already existing FT employees as contractors.
c. Travel out and re-enter after Oct 1st to reinstate L2 status and you also should be on L1.

You have to decide which option to use.

5. There was no question #5

6. The one can be used. No need to cancel another H1b. That is employer's wish. Both will result in RFEs most likely if they are consulting companies asking about the job, any client contracts etc. No problem with stamping if both are active. There is no such thing as a H1b is active or passive.

7. Extensions on L1b are not possible. H1b extensions are possible if GC labor is filed 365 days before the 6 th year.

You need to look up green card process on the main page of immihelp. Every stage is clearly explained there.

8. Has already been answered in #4(a). Can be transferred to new employer without paystubs before Oct 1st. Should be done well in advance as soon as the approval comes through under PP.


An attorney would have easily charged you for 2 hours of his time for all these broad range of questions starting from L1 to H1b to H1b transfer to Green card. You almost covered the entire immigration cycle leaving behind naturalization

Phew! Now I need a coffee.

[byk]

Question on Leap frog rule

Hi txh1b,
I have a question related to leap frog rule.

For my second question you told me

"You need to leave country before Oct 1st and return after october 1st on L1b/L2 visas to continue working on L1/L2 respectively."


Can you tell me what should i do with the Two I-94 forms(One L1 related and another H1-COS related) i have at the time of leaving USA.Do i need to submit both of them to the immigration officer? Will i get a new I-94 related to L1 at of port of entry in USA? Can you clear the confusion here related to I-94.

Thanks for your help.

here i am pasting my original question and answer for your reference:

=========================================================
2) If i want to continue working on L1 after October 1st, What should i do to reinstate my L1 status and continue working on L1. Is there an option like (leapfrog) which I read in some forums?

Search for leapfrog on immihelp in the forum. You need to leave country before Oct 1st and return after october 1st on L1b/L2 visas to continue working on L1/L2 respectively.

[txh1b]

Return all I-94s that you have. The COS I-94 has no value if you leave before the date of COS i.e Oct 1st.

You will get a new I-94 at POE on your return with the L1 status.

[byk]

Need urgent help.Husband working on L1 and wife on L2..Both the H1's approved wit cos

Txh1b,
Just confirming my understanding one more time. Below leap frog rule apply for my wife who is working on L2 EAD. She can keep working on L2 EAD for current company if we both do leap frog on L1/L2 as you mentioned below. Does her EAD will still be valid after Oct 1st or do we need apply for new EAD again. I think there is no need for her to apply for COS from H1b to L2 using I539.

Which countries we can use for leap frog.Is canada or Mexico ok..which one is better for this? any specific docs we need to carry? Please help me out here.

Thanks,
byk


"You need to leave country before Oct 1st and return after october 1st on L1b/L2 visas to continue working on L1/L2 respectively."

Return all I-94s that you have. The COS I-94 has no value if you leave before the date of COS i.e Oct 1st.

You will get a new I-94 at POE on your return with the L1 status.

[txh1b]

Any country is fine. If Canada or Mexico, you need to explain to the POE officer (As no new I-94 is given at POE for Canada/Mexico) that you had a COS and you were wanting to go back to your previous status and get a new I-94. As long as you get a new I-94 at POE with the L1/L2 status, you will be fine.

[byk]

Question on COS from L1/L2 to H1 after Oct 1st

Txh1b,
Thanks for quick reply.Really your inputs are very valuable to us.Even the attorneys whom we consulted are not clear on this kind of situation.

So if we stay back on L1 and L2 respectively after oct 1st and then we want to switch to H1 some time later in 2008 or 2009 after finding a job,what would be the process. Here are my questions:
1) What is the form that needs to be used for L1 to H1 COS.How much it will cost? should my employer file that COS?
2) What is the form that needs to be used for L2 to H1 COS.How much it will cost? should my wifes employer file that COS?
3)Can we start immidiately after filing COS to H1.If not how long will it take for USCIS to process a COS?Is there any way to expedate this process.
4) Do we need to Submit pay stubs for COS? what else docs we need to submit.
5)Not working on H1 after oct 1st will be problem at the time of COS?

Thanks,
byk

Any country is fine. If Canada or Mexico, you need to explain to the POE officer (As no new I-94 is given at POE for Canada/Mexico) that you had a COS and you were wanting to go back to your previous status and get a new I-94. As long as you get a new I-94 at POE with the L1/L2 status, you will be fine.

[txh1b]

1. I129 amendment by employer. Check costs on USCIS.
2. Same as above.
3. Wait till the approval of COS and the approval notice with I-94 before starting work.
4. Paystubs represent validity of currently held status i.e L1 in your case.
5. Only if you did not do leapfrog, it is a problem. If you did enter on L1 past Oct 1st and left US before H1b kicked in, not a problem.

Lawyers are your best source of info for anyone and I am a person off the street with no formal education on immigration law.

[byk]

Any country is fine. If Canada or Mexico, you need to explain to the POE officer (As no new I-94 is given at POE for Canada/Mexico) that you had a COS and you were wanting to go back to your previous status and get a new I-94. As long as you get a new I-94 at POE with the L1/L2 status, you will be fine.

Txh1b,
Do we need to fly to canada or mexico? or is it fine if we drive also.
Like driving to Niagara falls(from Canada side).

Thanks,
byk

[txh1b]

Does it matter? What makes you think it does? Anything is fine.

[byk]

Does it matter? What makes you think it does? Anything is fine.

Sorry for the dumb question.. ..never travelled out of USA by drive..so i was not sure where POE officer will come into picture for giving new I-94.

[txh1b]

Keep in mind that travel to Canada for less than 30 days generally does not get you a new I-94. You need to ensure that you explain that you had a COS which you did not want to happen and were told by your attorney to travel out and return to get a new I-94 to maintain your current status (L1).

If you fail to get a new I-94 after Oct 1st, a trip to your home country is inevitable.

[byk]

Keep in mind that travel to Canada for less than 30 days generally does not get you a new I-94. You need to ensure that you explain that you had a COS which you did not want to happen and were told by your attorney to travel out and return to get a new I-94 to maintain your current status (L1).

If you fail to get a new I-94 after Oct 1st, a trip to your home country is inevitable.

Hi Txh1b,
Ok Thanks for this explanation. So will POE officer gives new I-94 for sure if we explain the situation..Are there any chances of not getting new I-94.
did you came across any failures to get I-94. i just want to make sure i don't mess up with this leap frog as both of US(me and my wife on L2) are doing this together.

Thx
byk.

[krajamk]

Hello Sir I am also in same situation. I have L1 and also got H1B in lottery. wanting to stay on L1 Status till end of March Next year.

if I go to India before Ist Oct i.3 29th Sep and come back in Nov 7th, would there be any problem as I will be going out of the country for almost one and half month.

As I was told that this is the best way to retain the L1 status.

Thanks