L1 to H1 Change of Status : Tricky Situation

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Hello

I applied for H1 on Apr 2013 as a change of Status from L1 to H1.
I got it approved on July 2013. I went to India in August for a week and came back.
I entered on L1 with a new I-94. After I came back , I continued to work for the L1 employer till now . Now I want to start working for my H1 employer (my H1 petition was approved till 2017 but on old I94)

Questions:
1) What is my status now L1 or H1 ? Is there any way to find out
2) Do i need to do a change of status again ? or only a I94 amendment?

Please provide mw your valuable suggestions

[raghvi]

Hello

I applied for H1 on Apr 2013 as a change of Status from L1 to H1.
I got it approved on July 2013. I went to India in August for a week and came back.
I entered on L1 with a new I-94. After I came back , I continued to work for the L1 employer till now . Now I want to start working for my H1 employer (my H1 petition was approved till 2017 but on old I94)

Questions:
1) What is my status now L1 or H1 ? Is there any way to find out
2) Do i need to do a change of status again ? or only a I94 amendment?

Please provide mw your valuable suggestions

When was COS to H1 approved? before July 2013 or After?

As you mention that H1 was approved and it came with new I-94, I am assuming your L1 to H1 COS was approved before you traveled out of US in July 2013. If this is the case, then from 01-Oct-2013 you automatically moved to H1 status, and employment with L1 employer was illegal from 01-Oct-2013 onwards.

So to answer to your question:
1. If you received a H1 I797 with new I-94 before your travel out of US in July 2013, then your current status is H1 and you should be working only with H1 employer.
2. If you are currently in H1 status as per above, then you would mess up things even more by filing L1 to H1 COS. I would advise to leave US, go for H1 stamping, and return on H1 visa to work for H1 employer.

This is my opinion not legal advice.

[animini]

Travel abroad during L1 to H1 status change

Hi Everyone!!

Currently I am on L1 and living in USA for a few months now. I have now applied for H1B Visa and the status is not yet known (just application submitted, no further communication). The issue is we booked a trip to Bahamas and now got to know that it is unsafe to travel out of USA during VISA status change. I read that the application stands cancelled if I travel out of USA or I can enter USA only after the new status is approved.

I do not know if I94 would be updated when we travel to Bahamas via Cruise (in May last week).

Please help me as I am very upset about the dream trip in danger!!!!

Question: Should I travel to Bahamas because I read that visiting outside USA may reject my application.


Thanks.

[raghvi]

Please dont hijack an existing running thread. Post a new on of your own.