L1B to H1B Case | In Confusion | Seeking Expert Advice

[bittu218]

Hi All

I have landed in a tough situation and hence want suggestions from people in the forum to resolve the same. All and any kind of help/suggestion shall be highly appreciated.
Here is my case:-
I am currently in US on L1B visa with employer 'A' from August 2005. In the meanwhile I applied for H1B (with COS) with another employer 'B' in May 2005 and received an approval for the same a couple of days back. I understand that if I want to shift to the new employer, I can do it as of October 1st 2006. However, that is not what I want to do given the recent developments with employer 'A'. There have been recent developments at employer 'A' which have given me a raise in my level and also a raise in my salary. In addition to that I have been assigned to a very good and challenging project. In lieu of all these developments that happened in the last 3-4 months, I would like to consider staying with my current employer (employer 'A') a little longer and defer joining the employer 'B' who has sponsored H1B with COS.

Questions:-
1>> Since my H1B with COS is begining October 1st 2006, what is the way out for me to continue on L1B with current employer as long as I want instead of joining employer 'B'?

2>> If I continue with my current employer (employer 'A') on L1B, will it make my approved H1B (with COS) invalid?

3>> What do I need to do to be able to use the approved H1B at a later point in time?

4>> If the H1B still remains valid although I did not use it immediately, how long is it going to be valid for? I mean how long can I prolong on L1B after I must shift to H1B to utilize it?

5>> Would the situation be a lot different if I had applied H1B with consular processing?

Kindly share your thoughts/advise on this as it would definately help me take some decisions.

Regards//Bittu

[navinms]

Hi Bittu,

Am in the same situation as you are. I don't have answers to all of them, but this is what I know as of now. You should immdtly consult an Immigration Attorney and get legal advice.


1>> Since my H1B with COS is begining October 1st 2006, what is the way out for me to continue on L1B with current employer as long as I want instead of joining employer 'B'?
Reply: There is no legal way to work for company 'A' when your COS takes effect on Oct 1st. In fact you should start working for 'B' from Oct 1st or very shortly thereafter.


2>> If I continue with my current employer (employer 'A') on L1B, will it make my approved H1B (with COS) invalid?
Reply: Your L1 is invalid starting on Oct 1st. You can work for 'A' legally from that date.
3>> What do I need to do to be able to use the approved H1B at a later point in time?
Reply: You may start working for 'B' anytime after Oct 1st but your status is changed to H1 on Oct 1st itself. The Oct 1st is the start date of employment. There are cases when ppl go for visa stamping and get it stamped in December but they are still allowed to work for the employer. The issue is you might have to explain to the consulate officer (when you want to go for stamping) that what made you so late to start the job and how did the position waited for you for that long..

4>> If the H1B still remains valid although I did not use it immediately, how long is it going to be valid for? I mean how long can I prolong on L1B after I must shift to H1B to utilize it?
Reply: As I told, you can start working anytime after Oct 1st.. but you need a real valid reason on why you delayed your start of working for 'B'. There is no question of being on L1B from Oct 1st.5>> Would the situation be a lot different if I had applied H1B with consular processing?
Reply: Am not sure of this..


HTH.
Naveen.

[navinms]

Hi Bittu,

Am in the same situation as you are. I don't have answers to all of them, but this is what I know as of now. You should immdtly consult an Immigration Attorney and get legal advice.


1>> Since my H1B with COS is begining October 1st 2006, what is the way out for me to continue on L1B with current employer as long as I want instead of joining employer 'B'?
Reply: There is no legal way to work for company 'A' when your COS takes effect on Oct 1st. In fact you should start working for 'B' from Oct 1st or very shortly thereafter.


2>> If I continue with my current employer (employer 'A') on L1B, will it make my approved H1B (with COS) invalid?
Reply: Your L1 is invalid starting on Oct 1st. You can work for 'A' legally from that date.


3>> What do I need to do to be able to use the approved H1B at a later point in time?
Reply: You may start working for 'B' anytime after Oct 1st but your status is changed to H1 on Oct 1st itself. The Oct 1st is the start date of employment. There are cases when ppl go for visa stamping and get it stamped in December but they are still allowed to work for the employer. The issue is you might have to explain to the consulate officer (when you want to go for stamping) that what made you so late to start the job and how did the position waited for you for that long..

4>> If the H1B still remains valid although I did not use it immediately, how long is it going to be valid for? I mean how long can I prolong on L1B after I must shift to H1B to utilize it?
Reply: As I told, you can start working anytime after Oct 1st.. but you need a real valid reason on why you delayed your start of working for 'B'. There is no question of being on L1B from Oct 1st.5>> Would the situation be a lot different if I had applied H1B with consular processing?
Reply: Am not sure of this..


HTH.
Naveen.

[navinms]

Hi Bittu,

Am in the same situation as you are. I don't have answers to all of them, but this is what I know as of now. You should immdtly consult an Immigration Attorney and get legal advice.


1>> Since my H1B with COS is begining October 1st 2006, what is the way out for me to continue on L1B with current employer as long as I want instead of joining employer 'B'?
Reply: There is no legal way to work for company 'A' when your COS takes effect on Oct 1st. In fact you should start working for 'B' from Oct 1st or very shortly thereafter.


2>> If I continue with my current employer (employer 'A') on L1B, will it make my approved H1B (with COS) invalid?
Reply: Your L1 is invalid starting on Oct 1st. You can work for 'A' legally from that date.


3>> What do I need to do to be able to use the approved H1B at a later point in time?
Reply: You may start working for 'B' anytime after Oct 1st but your status is changed to H1 on Oct 1st itself. The Oct 1st is the start date of employment. There are cases when ppl go for visa stamping and get it stamped in December but they are still allowed to work for the employer. The issue is you might have to explain to the consulate officer (when you want to go for stamping) that what made you so late to start the job and how did the position waited for you for that long..

4>> If the H1B still remains valid although I did not use it immediately, how long is it going to be valid for? I mean how long can I prolong on L1B after I must shift to H1B to utilize it?
Reply: As I told, you can start working anytime after Oct 1st.. but you need a real valid reason on why you delayed your start of working for 'B'. There is no question of being on L1B from Oct 1st.5>> Would the situation be a lot different if I had applied H1B with consular processing?
Reply: Am not sure of this..


HTH.
Naveen.