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  • H1B amendment

    Hello,

    I'm currently on L1B visa working in the USA. I got my H1B filed from a consultant. He's requested change of status from L1 to H1. It's picked up in the lottery but still awaiting approval.
    Considering it is approved, I have the following questions:

    1) I'm trying "Leap Frog" in Sept and come back end of October. In this case, I'll be able to come back on my L1B visa and resume work on L1B visa.
    But later if I want to start working on my H1 for that consultant, I read in this forum that he has to request an amendment to I129 petition and it may take around 2 - 4 months for this change to happen.
    My question is, how to determine in advance the date when the change that will happen.
    The reason I'm asking this is I need to quit the current company and need to give them 4 weeks notice.
    Please answer.

    2) If I join the new consultant when by the latest do I need to join them. I know that I'm eligible to work on Oct 01 but if I do not get a job before Oct 01, what do I do ? Back to point 1 above ?

    What is the best option for me ? To "leap frog" or join on Oct 01 ?

    Please let me know. I need to decide on my strategy.

  • #2
    If COS is approved later on after leap-frog, you still run into the same problem. Your status change happens the day of approval of the change and it allows no time for notice periods.

    Now, you know a start date of Oct 1st. In case of COS, you will not know when that kicks in to give a notice.

    Your problem will not get solved in either cases. BTW, your employer should pay you all the time as they have a job available for you Oct 1st as per their H1b petition. No exceptions.

    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
      You strategy should be to decide who you really want to work for and then you would not have to come up with elaborate schemes.

      If your H1B employer does not have a job waiting for you on Oct 1, he is probably not a good employer.

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      • #4
        Thanks.
        So if I want to come back on L1B visa in Oct 08, will there be any problem that my current employer who has my L1b will create ?

        My L1B is valid till Sept 2009 ?

        Comment


        • #5
          Can someone answer my question ?

          Comment


          • #6
            Originally posted by madhav_s
            Thanks.
            So if I want to come back on L1B visa in Oct 08, will there be any problem that my current employer who has my L1b will create ?

            My L1B is valid till Sept 2009 ?
            No why?

            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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