L1B-H1B COS - Old I-94

[Theamitabh]

Hi Everybody,

I've a question regarding my status. I came to US in 2013 on L1 visa (I94#11111) with expiry date in April 2014. And my employer, Company A, filed for L1-B Extension in year 2015. Along with this another Company B filed for my H1-B for 2015-2016 quota.

However, due to personal reason I had to go out of US in May 2015, withrawin my L1-B extension petition and appeared in US Consulate for L1 B visa, which got approved and I came back in July 2015 with I-94# 222222. In mean time, my H1 petition is selected in lottery. My H1-B petition got RFE in Sep 2015 and finally approved in Feb 2016, with I-94# 11111.

Now I've to I94 111111 (with H1 COS) and second is 222222 from L1B with my entry in July 2015. My question are

What is my currect status L1B or H1B?
How long I can work with my L1B employer?
Is my I94# 111111 is still valid?
Do I need to went out of US to go on H1B status?

Please advise.

Thanks in Advance.
Amit

[Libra_14]

Once the COS is approved, you can no longer work for your L1 petition company.

You can continue staying in USA & work for your H1 company until the new I94 for H1 is valid.

Once you move out of USA you'll have to get the H1 stamped on your passport, before coming back to USA.

[raghvi]

Once the COS is approved, you can no longer work for your L1 petition company.

You can continue staying in USA & work for your H1 company until the new I94 for H1 is valid.

Once you move out of USA you'll have to get the H1 stamped on your passport, before coming back to USA.

Are you working with L1 employer or H1 employer currently?

Technically, if you left US prior to your H1 COS approval, the COS itself should have got denied.

This is my opinion not legal advice.

[Theamitabh]

Are you working with L1 employer or H1 employer currently?

Technically, if you left US prior to your H1 COS approval, the COS itself should have got denied.

This is my opinion not legal advice.

Ideally, yes. COS should have been denied and Consular processing should be approved. But it is not and that's the confusion.

[raghvi]

Ideally, yes. COS should have been denied and Consular processing should be approved. But it is not and that's the confusion.

Well this happens because of the slowness in communication between the various Govt departments as well as travel in and out of US. If you want to be absolutely sure, travel outside US and re enter on the visa you wish to be.

This is my opinion not legal advice.