L1 to H1 Transfer - Leapfrog through Canada

[killerjattz]

Hi,

I am in US working with company A for last 2 years on L1 and my L1 is expiring in July,2009. I got my H1 petition from company B in 2008 and company B employer is asking me to join in Oct, 2008. But I want to continue with my company A and as I read in this forum, I can use option of leapfrog to change my status back to L1. I read that I can go to canada and get new I94 issued against my L1.
I had been to canada in April,2008 by car for tourism and the immigration ppl didnt ask for my I94 at that time. They just checked my canadian visa and US driving license and did nothing to I94. So my question is if I go to canada on 30th sep and come back in Oct, 2008, how would I ensure that I will get new I94. Has anyone tried this option from canada. I dont want to go to India for the same. Please let me know what should I do at canadian border so as to get new I94.

[txh1b]

You need to explain at POE that you have a COS that you don't want and would like to work for L1 employer. Hence, you need a new I-94. Travel for 30 days or less to Can/Mex does not automatically get you a new I-94.

[killerjattz]

Thanks for reply.Do I need to do this thing while entering Canada or while coming back as I think I need to handover I94 at that time or leaving US so that I can ask for new I94 while coming back? Just curious to know if anyone has tried this option before?

[txh1b]

You have to return it to canadian border officer while going out. If they do not take it, return it at US border upon returning.

Problem is many people do forget about the forum when they have successful cases and do not update the forum. They come here just to get advice when they have problems.

https://www.immihelp.com/sample-paper-i-94-form/

[killerjattz]

Thanks txh1b for your replies and this link. This really helps. Another Q for you. My H1 employer is not giving me petition and H1 I94. Is it ok to go for leapfrog without any H1 document and say over there that I have COS case.

[txh1b]

H1 document is of no significance for leapfrog.

[killerjattz]

In process of leapfrog

Hi All,
Today I came to canada by road and CBP took my I94 and stamped my passport. I am planning to go back to US tomorrow(Oct 01).

I just heard from someone that I need to go back to US on 2nd Oct. Anyone has idea about it .. cant i go back tomorrow on Oct 01.

Also, do I need to say anything to CBP at US border .. I mean staying 1 day in canada(not beyond 30 days) is issue ?? Please reply fast.

[txh1b]

Play it safe by returning on the 2nd.

[killerjattz]

Thanks for replying. Actually due to some official reason I cannot stay beyond Oct 1 though I can come late in Oct 1. I am not able to appreciate logic for Oct 2. Could you please elaborate if you r clear about this point.

[killerjattz]

Hello,

I travelled to Cananda by road on Sep 30th and reetered US on Oct 01st by road to retain my L1 Status (I applied for H1 CoS in 2008 quota). While leaving US at canada border, initially they didnt take my I94 but finally took it when I asked them to take it. On Oct 1, I was hoping to get a new I-94 but the officers at the PoE asked about my old I94 and said you were not supposed to return that I94.
I tried to explain them the reason for needing a new I-94 but they doesn't seem to know or understand the CoS and leapfrog concept. I explained them that I did this to get new I94 and I have 2 visas.The lady was very suspicous and got her senior officers involved and kept discussing the case for an hour. They also called my manager at my current employer to check if I really work for them on L1. She called up general HR # of my company who in turn tried to trace my boss, thereby letting all ppl in my current company that I have H1 (

Finally after confirming my employment with current employer, she gave me new I94.

So this was my story and she told me that you should not give your I94 if you are travelling by road. In case, anyone is trying this thing in future, make sure to go by air as she suggested.

Now comes my 2nd problem, since I told my H1 employer that I cannot join you at this point of time and would join you in Jan,2009, he said he has withdrawn my H1 application and would refile my application in Jan2009 again when ever I want to join them. He said your petition holds good and we just need to file it again for visa in january. he also told me that you have to bear the filing fees at that point of time. I am not able to appreciate this thing. Any one can throw light on this ? is he doing right and is it ok if he withdraw my application now and can refile it again with same H1 quota ?

[txh1b]

Your employer needs to amend the petition or you can get a H1b stamp and return on H1b later on. Travel to neighboring countries and return within 30 days never guarantees a new I-94.

[killerjattz]

Thanks for reply. I couldnt get your answer. My employer is saying that he withdrew my H1 application and would file it again whenever I want to join them..
Since I entered US on L1 again from Canada and my H1 employer is saying above thing, should I trust him or he is just saying this to get $ from me by name of refiling.

[txh1b]

It is illegal to pay money for any H1b processing in the first place. You better find a new employer.

[killerjattz]

Can I switch to new employer using this H1 petition without joining my current H1 employer whom I didnt join at all as of now.? I heard you need to join that employer for atleast 2 paystubs. Is it true? Can I switch without joining him at all ?

[txh1b]

Read the FAQs. Come back and post if your questions remain unanswered.