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L1 to H1B Status Change question

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  • L1 to H1B Status Change question

    I have been working in US since 2012 on L1A Visa. Around 2015 March I have processed my old unused H1B visa (different employer) and got approved from March 2015. After that, I have tried to find a job for me, it was a long search ,finally I succeed with a permanent position - just this month October 2015, provided I agreed to transfer H1 to them . Till I am continuing with my L1 employer (about 7+ months),even though my status has changed to H1 (came to know from DPS office) . My L1 Visa Expired , but staying on L1- i94.

    Currently, If I am moving to new H1 Employer , what are the problems I will face ? I am ready to travel India to get stamp but I don't have any pay stub etc from my H1 employer.

    Please help me out on this situation. Thanks in advance.

    Regards,
    Subu

  • #2
    Originally posted by rrd View Post
    I have been working in US since 2012 on L1A Visa. Around 2015 March I have processed my old unused H1B visa (different employer) and got approved from March 2015. After that, I have tried to find a job for me, it was a long search ,finally I succeed with a permanent position - just this month October 2015, provided I agreed to transfer H1 to them . Till I am continuing with my L1 employer (about 7+ months),even though my status has changed to H1 (came to know from DPS office) . My L1 Visa Expired , but staying on L1- i94.

    Currently, If I am moving to new H1 Employer , what are the problems I will face ? I am ready to travel India to get stamp but I don't have any pay stub etc from my H1 employer.

    Please help me out on this situation. Thanks in advance.

    Regards,
    Subu
    Sounds confusing.

    You mean to say you had an old H1 and you transferred from L1 to H1 in March 2015? To whom was your H1 transferred to in March 2015? Is that employer different from your L1 and future H1 employer?

    If your status changed from L1 to H1 in March then you should have been working only with H1 employer. Any employment with L1 was illegal. It technically means that you are out of status for 6+ Months. cant say how VO would react to that. Further, it will most likely have issues for you during your future GC processing too.

    This is my opinion not legal advice.

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