L1 to H1 COS Approved while L1 renewal in progress, BUT.... NEED HELP!

[visaaspirant2014]

Hello Again!

I am in another visa situation and need your insights.

My L1 was valid until April-2014 and I-94 was also issued until Apr-2014. In March-2014, my employer holding L1 applied for L1 extension. At the same time, I found another employer who filed my COS from L1-to H1. The COS was approved in May and effective date was Oct-1st 2014. I also got an I-94 with this COS approval that has new end date - May-2017. I continued staying in US and was waiting for L1 extension verdict..

Months passed but I did not get any verdict on my L-1 extension. Beginning Oct 1st, I got changed to H1 and started working with the new employer. Now, after couple of months since I left, my previous employer holding the L1 filed withdrawal and the case has been withdrawn today.

I am not sure if my stay from April Thru Oct 1st is valid or invalid? I got my driver's license renewed during this period and got salary and all other regular benefits. Please let me know your opinion about my stay and advice if I may get questioned for this stay during my subsequent stampings for H1 B.

As always, Appreciate your help !

[raghvi]

Hello Again!

I am in another visa situation and need your insights.

My L1 was valid until April-2014 and I-94 was also issued until Apr-2014. In March-2014, my employer holding L1 applied for L1 extension. At the same time, I found another employer who filed my COS from L1-to H1. The COS was approved in May and effective date was Oct-1st 2014. I also got an I-94 with this COS approval that has new end date - May-2017. I continued staying in US and was waiting for L1 extension verdict..

Months passed but I did not get any verdict on my L-1 extension. Beginning Oct 1st, I got changed to H1 and started working with the new employer. Now, after couple of months since I left, my previous employer holding the L1 filed withdrawal and the case has been withdrawn today.

I am not sure if my stay from April Thru Oct 1st is valid or invalid? I got my driver's license renewed during this period and got salary and all other regular benefits. Please let me know your opinion about my stay and advice if I may get questioned for this stay during my subsequent stampings for H1 B.

As always, Appreciate your help !

Your stay was not valid from 01-April-2014 onwards. And USCIS seems to have erred in approving your COS with new I-94 from 01-Oct-2014 when you did not have a valid I-94/stay on 30-Sep-2014.

Best thing to wipe slate clean and start afresh is to go out of US and return after getting a new H1 stamped in passport.
This is my opinion not legal advice.

[visaaspirant2014]

Your stay was not valid from 01-April-2014 onwards. And USCIS seems to have erred in approving your COS with new I-94 from 01-Oct-2014 when you did not have a valid I-94/stay on 30-Sep-2014.

Best thing to wipe slate clean and start afresh is to go out of US and return after getting a new H1 stamped in passport.
This is my opinion not legal advice.

Thank you Raghvi. So my H1 stamping is at risk because of this invalid stay? If the officer questions me about this stay, how should I justify in your opinion? Honestly, I was hoping the L1 verdict to come before I get changed to H1 and was staying here as my employer holding L1 advised the stay as legitimate during that time.

[raghvi]

You could have upgraded to premium, after all April to Oct is 6 Months time. Also, as visa was expiring in April 2014, the extension could have been applied as early as Nov 2013 too. This long out of status period can possibly come back to trouble you during GC processing too.

But, if the visa officer asks you the question, you can be honest and say that you were awaiting the L1 extension decision, and as H1 COS kicked in from 01-Oct-2014 you started working for them.

This is my opinion not legal advice.

[visaaspirant2014]

You could have upgraded to premium, after all April to Oct is 6 Months time. Also, as visa was expiring in April 2014, the extension could have been applied as early as Nov 2013 too. This long out of status period can possibly come back to trouble you during GC processing too.

But, if the visa officer asks you the question, you can be honest and say that you were awaiting the L1 extension decision, and as H1 COS kicked in from 01-Oct-2014 you started working for them.

This is my opinion not legal advice.

Thanks a lot Raghvi !

[visaaspirant2014]

You could have upgraded to premium, after all April to Oct is 6 Months time. Also, as visa was expiring in April 2014, the extension could have been applied as early as Nov 2013 too. This long out of status period can possibly come back to trouble you during GC processing too.

But, if the visa officer asks you the question, you can be honest and say that you were awaiting the L1 extension decision, and as H1 COS kicked in from 01-Oct-2014 you started working for them.

This is my opinion not legal advice.

Hello,

I have another question where I did not find much help on the online resources. Can I go for H1-B stamping immediately after returning to India? Say If I reach India on 9th Jan, Can I immediately go on 10th & 11th for fingerprint and stamping? Is it advisable to wait for a week and then go Or there's no such constraint? Please let me know if you have any info on this.

Thank you !