When will L1 become invalid if H1 is applied through Consular Notification method

[Siddhu]

Hi,

I am currently in L1 and applying for H1 through Consular notification method. I will have to go outside US to get H1 stamped to make it valid and start working for the sponsor. When will my L1 become invalid, is it after I stamp or from 10/1?

Cheers...

[raghvi]

Hi,

I am currently in L1 and applying for H1 through Consular notification method. I will have to go outside US to get H1 stamped to make it valid and start working for the sponsor. When will my L1 become invalid, is it after I stamp or from 10/1?

Cheers...

L1 will become invalid when your L1 in your passport expires or the consulate officer cancels it when you go for h1 stamping whichever is earlier If you are doing H1 as consular processing till the time H1 is stamped in your passport the h1 is not valid.

This is my opinion not legal advice.

[kabkaba]

The above just means that you will not be in H1 status. The petition will be valid.

[Siddhu]

The above just means that you will not be in H1 status. The petition will be valid.

Thanks!

This means that I can still work with my L1 until I go for H1 stamping. Am I correct?

[raghvi]

Thanks!

This means that I can still work with my L1 until I go for H1 stamping. Am I correct?

You can work on L1 as long as you haven't completed 5 years/7 Years (L1B/L1A) OR till the L1 associated I-94 validity date, whichever is earlier.

This is my opinion not legal advice.

[Siddhu]

You can work on L1 as long as you haven't completed 5 years/7 Years (L1B/L1A) OR till the L1 associated I-94 validity date, whichever is earlier.

This is my opinion not legal advice.

Thanks again!

Just to double confirm...

My L1 VISA and I-94 is valid until July 2015. Assuming that i get my H1 petition approved from 10/1/2013 to 10/1/2014 without stamping/I-94 and if I decide to go for stamping only on Feb-15-2013 for H1, I can still work on L1 until Feb-15-203 correct?

[raghvi]

Thanks again!

Just to double confirm...

My L1 VISA and I-94 is valid until July 2015. Assuming that i get my H1 petition approved from 10/1/2013 to 10/1/2014 without stamping/I-94 and if I decide to go for stamping only on Feb-15-2013 for H1, I can still work on L1 until Feb-15-203 correct?

I think you meant Feb-15-2014. Yes you can work till Feb-15-2014. Again the I-94 may change if you decide to travel out and back into US.

This is my opinion not legal advice.

[Siddhu]

I think you meant Feb-15-2014. Yes you can work till Feb-15-2014. Again the I-94 may change if you decide to travel out and back into US.

This is my opinion not legal advice.

Thanks again!

Yes, I meant Feb-15-2014.

Since I am applying though Consulor mention, it means that my L1 status will not get changed to invalid until I go for H1 stamping. Correct?

If I apply COS then my L1 will automatically become invalid on 10/1 (H1 effective date). Correct?

[raghvi]

Thanks again!

Yes, I meant Feb-15-2014.

Since I am applying though Consulor mention, it means that my L1 status will not get changed to invalid until I go for H1 stamping. Correct?

If I apply COS then my L1 will automatically become invalid on 10/1 (H1 effective date). Correct?

Yes. The challenge will be to convince the employer to file it as consular processing because the employer will want some sort of security to ensure that you indeed are going to work with them post H1 processing and not keep them waiting till you go for stamping and return.

This is my opinion not legal advice.