L to H -> L -> H

[khyati]

Hi,

I have a peculiar situation and looking for advice. I consulted three attorneys and they all gave different answers.

Here is the situation , followed by questions:

1. I entered US on L1B in 2006 for Company ABC
2. In Apr 2007, Company PQR files for a Change of Status from L1 to H1 but
since it was consulting company, asked me to join, when I have a job
3. I planned that,since approvals nearly come in June, I can find Jobs by
October and should be ok and hence I went ahead with H1.They filed my H1 but H4 was not filed
4. But my approval came in last week of sept, with only few days left for oct
1
5. So I resigned from L1 company in Dec and since they offered me a good
counter offer ..The offer was good and along with fact that H4 was still
not filed, I chose to stay with ABC and they again applied for H1 back to L1
6. The process, though, premium is taking time and meanwhile, I have nice
counter offer from h1 company

Now questions :
a) Given the fact that I have already applied for L1, I will now have to wait
for that decision to come before I again take H1 path..Right ?

b) If L1 petition it is rejected, is my H1 still Valid? in that case, what about H4.It would now be almost 4 months since my H1 came. Is my spouse out of status, given the fact that the I-94 of L2 was valid till 2009 ?

c) If his status is counted out of status, then, since the extension of L2 was applied along with my H1->L1 change of status application in dec 2007, I think, out of status period for him is Oct 1 to Dec 2007 ..Right ?

d) What is the best thing to do: (minimum risk)
i) ask H1 company to apply for consular approval instead of Change of
status again, goes to india and have H1 and H4 stamped in India..Will
the oct-dec 2007 confused period be a problem in India
ii) Apply again for change of status from L1 to H1 ( I see this risky given
that fact, in just one year, this will be L1 -> H1 -> L1 -> H1.)
iii) Just be with the L1 company -- risk:will be bonded to them

Answers would be appreciated..Asking attorneys has confused me more.

[GreatGuru]

ZZ

Hi,

I have a peculiar situation and looking for advice. I consulted three attorneys and they all gave different answers.

Here is the situation , followed by questions:

1. I entered US on L1B in 2006 for Company ABC
2. In Apr 2007, Company PQR files for a Change of Status from L1 to H1 but
since it was consulting company, asked me to join, when I have a job
3. I planned that,since approvals nearly come in June, I can find Jobs by
October and should be ok and hence I went ahead with H1.They filed my H1 but H4 was not filed
4. But my approval came in last week of sept, with only few days left for oct
1
5. So I resigned from L1 company in Dec and since they offered me a good
counter offer ..The offer was good and along with fact that H4 was still
not filed, I chose to stay with ABC and they again applied for H1 back to L1
6. The process, though, premium is taking time and meanwhile, I have nice
counter offer from h1 company

Now questions :
a) Given the fact that I have already applied for L1, I will now have to wait
for that decision to come before I again take H1 path..Right ?
YOU CAN WITHDRAW THE L1, so that old H1 take effect

b) If L1 petition it is rejected, is my H1 still Valid? in that case, what about H4.It would now be almost 4 months since my H1 came. Is my spouse out of status, given the fact that the I-94 of L2 was valid till 2009 ?

She will not go out of status as long as i 94 IS VALID, BUT ONCE YOU ARE IN H STATUS , SHE MUST BE TRANSFERED TO H4 SOON.

c) If his status is counted out of status, then, since the extension of L2 was applied along with my H1->L1 change of status application in dec 2007, I think, out of status period for him is Oct 1 to Dec 2007 ..Right ?

d) What is the best thing to do: (minimum risk)

Stop doing jumping like monkey. That is the best thing to do now.

i) ask H1 company to apply for consular approval instead of Change of
status again, goes to india and have H1 and H4 stamped in India..Will
the oct-dec 2007 confused period be a problem in India
ii) Apply again for change of status from L1 to H1 ( I see this risky given
that fact, in just one year, this will be L1 -> H1 -> L1 -> H1.)
iii) Just be with the L1 company -- risk:will be bonded to them

Answers would be appreciated..Asking attorneys has confused me more.

[khyati]

Thanks GreatGuru.

I have the same feeling that I am ping-ponging a lot.
But Most of the decisions, were taken, based on the options I had at the time, when I was making decision and were better, till new piece of information and option came in.

I will wait for the L1 decision. If it comes approved. I would stick with it and go for GC.

last question, I have is, if L1 change is not approved, what is beter
a) go to India and try for H1 or L1 stamping
b) stick to H1 , join the H1 company and apply for H4 from within US.

Thanks Again.

[khyati]

Any inputs on below question will be appreciated..

Thanks all for the help

[GreatGuru]

Your L1 is definitely get approved, USCIS is looking for thier fees.

Thanks GreatGuru.

I have the same feeling that I am ping-ponging a lot.
But Most of the decisions, were taken, based on the options I had at the time, when I was making decision and were better, till new piece of information and option came in.

I will wait for the L1 decision. If it comes approved. I would stick with it and go for GC.

last question, I have is, if L1 change is not approved, what is beter
a) go to India and try for H1 or L1 stamping
b) stick to H1 , join the H1 company and apply for H4 from within US.

Thanks Again.