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  • L1 to H1B COS

    Hi I am working for a company A. I am on L1 visa. it is valid till sep 2009. meantime company B applied for H1B with COS as per my request as I was thinking that my project would end in sep and I will have to go back to India.Now my project got extended for another 2 yrs. now I want to work for company A on L1 Visa retain H1B, if possible, for future employment. what are the options availabe for me now. Advance thanks for your response -RK

  • #2
    Search for leapfrog word on the forum. That is what you need to do if you want to remain on L1. H1 remains as is as long as the job exists with your employer.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Originally posted by txh1b
      Search for leapfrog word on the forum. That is what you need to do if you want to remain on L1. H1 remains as is as long as the job exists with your employer.

      thanks for pointing me to the link. it is bit confused. if I understand correctly

      it says, if you want to be on L1 and and retain H1B Petition for future emploment and over come the H1B COS then travel out of US and enter back into US on L1A VISA( Which I already have it). then the status still be L1A as I have entered on L1A Visa. is it correct ?

      and second question is at the port of entry immegration staff ask me any kind of question regarding H1B COS or they just give me I94 based on L1A Stamping (which I have already from last year).

      if I travel out of US and when can I return to US to keep my L1A Visa active?

      Comment


      • #4
        POE has nothing to do with H1b. It is your choice to return back on L1 after Oct 1st with a new I-94. If you stay in the US, your status automatically changes to H1b.

        Also read H1b FAQs on immihelp under H1 section to get a better understanding. Once cap counted, you are okay to use the H1b while you have time remaining (L1+H1=6 years) and your employer has a valid petition.

        You can travel back in on L1 as long as the L1visa and petition are valid.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Originally posted by txh1b
          POE has nothing to do with H1b. It is your choice to return back on L1 after Oct 1st with a new I-94. If you stay in the US, your status automatically changes to H1b.

          Also read H1b FAQs on immihelp under H1 section to get a better understanding. Once cap counted, you are okay to use the H1b while you have time remaining (L1+H1=6 years) and your employer has a valid petition.

          You can travel back in on L1 as long as the L1visa and petition are valid.
          thanks for quick response. Do I need any document from L1A empoyer since I also have H1B Petition to enter into US after OCT 1st to retain L1A Status.or my Visa stamping is enough ( which I got already got from L1A empoyer).

          is there any period I should go out of US and enter back into US to retain L1A Status.

          once I get I94 based on my L1A visa again. would my H1B petetion useful if I want to use in future may be after a year or so ?

          thanks for quick response

          Comment


          • #6
            Search for leapfrog and go through all the posts. Did you read the H1b FAQ?

            Leave before Oct 1st, enter after Oct 1st. Same L1 docs when you entered before are needed. Nothing to do with H1 like I said before. You are asking the same questions again.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              Originally posted by txh1b
              Search for leapfrog and go through all the posts. Did you read the H1b FAQ?

              Leave before Oct 1st, enter after Oct 1st. Same L1 docs when you entered before are needed. Nothing to do with H1 like I said before. You are asking the same questions again.
              thanks Mate sorry for asking you same question again. I wanted to get confirmed. I do not want to loose employment with my present employer (L1A) as he is giving me many more benefits.but at the same time I cannot share with him that I have applied for H1B with COS from company B.

              what happens to H1B I94 which I will be getting soon?

              is there any official number (Immegration number) where I can call them and talk to them about my case just in case (governament department -free service number).

              is there any other way where I can stay in US and still I can change my H1B COS (kind of amendement) or I can ask my employer A or B to to get it change?

              Advance thanks for your answers

              Comment


              • #8


                I have answered your question here. There is no free service that gives you immigration advice from USCIS. They will not talk about your H1b/L1 petitions as it is the employer's petition.

                If you are still confused and cannot understand the material, schedule an appointment with a lawyer.

                I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                Comment


                • #9
                  Originally posted by txh1b
                  http://www.immihelp.com/forum/showthread.php?t=42600

                  I have answered your question here. There is no free service that gives you immigration advice from USCIS. They will not talk about your H1b/L1 petitions as it is the employer's petition.

                  If you are still confused and cannot understand the material, schedule an appointment with a lawyer.
                  thanks for the clarification.

                  I have another question .

                  1). once I re-enter into US with L1A I94 after OCT 1st can I use my H1B petition later stage?

                  2). if want to use H1B later, can I apply for COS from L1A to H1B and work in US on H1B.

                  Thanks

                  Comment


                  • #10
                    1) yes if the case is approved.
                    2) yes

                    I guess people are lazy. Did you read the things mentioned by txh1b?
                    Check out H1 FAQs first!
                    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

                    Comment


                    • #11
                      I second that!

                      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                      Comment


                      • #12
                        Originally posted by txh1b
                        I second that!
                        I want to confirm. Do you really mean it?

                        Making sure and clearing my doubts.
                        Check out H1 FAQs first!
                        http://www.immihelp.com/visas/h1b/h1-visa-faq.html

                        Comment


                        • #13
                          Phew!

                          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                          Comment


                          • #14
                            Hi thanks for answering all my queries.

                            I have another question

                            to retain L1A status I am told that I should leave the country before Oct 1st and re-enter into US after Oct 1st

                            Now

                            can I go to any country (like India) ?
                            can I come back in Nov as I am planning to take vacation?
                            do I need to submit my H1 -194 ( I doubt my new employer will give that to me)?

                            thanks

                            Comment


                            • #15
                              Yes
                              Yes. Doesn't Nov come after Oct 1st?
                              No. You leave on L1 status and submit that I-94. H1 status kicks in Oct 1st and that is what you are planning to avoid. Why does that come into picture?

                              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                              Comment

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