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L1-H1B(Not applied as COS) -TxH1B plzzz suggest.

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  • L1-H1B(Not applied as COS) -TxH1B plzzz suggest.

    Hi

    I am working on L1B Visa for Comp A in USA and this year(2008) i have applied H1B and selected in lottery.

    I have applied without my I-94(means not as Change of Status) because i was aware that if you have applied as COS then you will have to start working for company on H1B from 1st OCT.My queries are -

    1) Can i work after OCT 2008 on my L1B visa?and later on go back to my home country and do the H1B stamping and enter on H1B.(I dont want to come on H1B from coming oct because USA market is not good and my project is also going good.)

    2) If I will continue on L1B visa then my approval of H1B will remain valid ?

    3)Can i apply COS after Oct2008(In March 2009)?? Or I have to go back native country for H1B stamping,As i have application applied as CP not COS?

    4)Is it mandatory to start work on H1B after Oct 2008 or i can switch on H1B later on anytime??(Consider I have applied without I-94)

    5) If i will continue working on L1B then will it create any problem at the time of H1B stamping in future?Since employer has applied CP even i am here in USA?


    Please suggest what I should do? Which will not create any problem for H1B petition?
    Waiting for your response.

  • #2
    1. Yes, if it was not a COS. Confirm it by looking at your approval notice.

    2. Yes

    3. Either can be done.

    4. Can be done later in your case.

    5. No

    Do nothing.

    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
      Few More Questions

      Originally posted by txh1b
      1. Yes, if it was not a COS. Confirm it by looking at your approval notice.

      2. Yes

      3. Either can be done.

      4. Can be done later in your case.

      5. No

      Do nothing.

      Thanks for quick response I am little bit worried regarding my filing so
      Please clarify the below-
      If i will go for stamping in march-apr 2009 then VO can ask following questions-
      1)When you were there in USA then why your petition has been filed as CP(without I-94 / showing that you are not in USA).
      2) Why you have not started working on H1B from Oct 2008 when it was valid from Oct.
      3)As you have mentioned that i can file COS later so If i will file COS then do i need to go out of USA??
      For Stamping Canada will be ok or i have to go Native country?

      Please suggest.

      Comment


      • #4
        Talk to your lawyer as your concerns seem unwarranted to me and not worth worrying about as they are not true concerns one need to be worried about.

        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
          Talk to your lawyer as your concerns seem unwarranted to me and not worth worrying about as they are not true concerns one need to be worried about.
          Thanks for valuable response....
          It was little bit harsh but i can understand by giving same opinions to all you must me tired

          I respect and appreciate your dedication and helping approach.

          Comment


          • #6
            I don't want to sound mean but when people come up with creative concerns, it kinda gets me.

            Of all the things, it is your business as to which status you want to maintain in the US and if that is legally allowed, the VO will have no problems granting a visa.

            Ask the same questions to an Attorney and I bet, they will not even respond.

            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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