L1 to H1 Conversion

[gupashis1978]

Hi

I am on L1 visa which has been expired in Jan'2014 and currently I am having valid I-94 until Dec'15. My family was on L2 and they are also on I-94 valid up to Dec'15. Me and my family are in US as of now and working for company A.

I have got the H1 Visa approved from a different company(B) starting from 1st Oct'2014 ( checked on USCIS site by receipt no). I have received I-797C document for my dependents for H4 status starting from OCT,1 2014. I have following queries in this case:

1. As of now I am not sure that h1b approval is with COS or without change of status(COS) for me. What will be the impact if it is with or without COS?
2. If it is without COS then do I & my family need to go out of US and come back after stamping only, even all of us are having valid I-94 status?
3. In case if my h1 visa is starting from oct,1 2014, do I need to start the job with company B who filed my petition for H1B from 1 Oct'14 or can I join after 2-3 weeks continuing my job with company A.


Looking for your help urgently on this.

Thanks
Vishu

[raghvi]

Hi

I am on L1 visa which has been expired in Jan'2014 and currently I am having valid I-94 until Dec'15. My family was on L2 and they are also on I-94 valid up to Dec'15. Me and my family are in US as of now and working for company A.

I have got the H1 Visa approved from a different company(B) starting from 1st Oct'2014 ( checked on USCIS site by receipt no). I have received I-797C document for my dependents for H4 status starting from OCT,1 2014. I have following queries in this case:

1. As of now I am not sure that h1b approval is with COS or without change of status(COS) for me. What will be the impact if it is with or without COS?
2. If it is without COS then do I & my family need to go out of US and come back after stamping only, even all of us are having valid I-94 status?
3. In case if my h1 visa is starting from oct,1 2014, do I need to start the job with company B who filed my petition for H1B from 1 Oct'14 or can I join after 2-3 weeks continuing my job with company A.


Looking for your help urgently on this.

Thanks
Vishu

1. Wouldnt your H1 employer know if they applied it as COS or not. If it is COS then you have to join B on 01-Oct-2014 and work for them and get paid by them.
2. If it is without COS, then you cant work for B from 01-Oct-2014, and would have to continue working with L1 employer. In order ot work with H1 employer you would have to go out, get H1 stamping and return.
3. It depends upon whther H1 was a COS or not. Did you get your H1 I797 yet?

This is my opinion not legal advice.

[gupashis1978]

1. Wouldnt your H1 employer know if they applied it as COS or not. If it is COS then you have to join B on 01-Oct-2014 and work for them and get paid by them.
2. If it is without COS, then you cant work for B from 01-Oct-2014, and would have to continue working with L1 employer. In order ot work with H1 employer you would have to go out, get H1 stamping and return.
3. It depends upon whther H1 was a COS or not. Did you get your H1 I797 yet?

This is my opinion not legal advice.

1. I confirmed with company B. According to them it is with COS. Can I join the company B late in Nov 2014 instead of 1st Oct 2014?
2. What documents would I need to ask them before start working with them.

Thanks
Ashish Gupta

[raghvi]

1. I confirmed with company B. According to them it is with COS. Can I join the company B late in Nov 2014 instead of 1st Oct 2014?
2. What documents would I need to ask them before start working with them.

Thanks
Ashish Gupta

1. No. You have to join on 01-Oct-2014. Working with L1 employer beyond 30-Sep-2014 would be illegal and make you out of status.
2. I think you should ask for your LCA, I797 approval notice along with the employment letter.

This is my opinion not legal advice.