L1B to H1B

[dk82]

I am on L1B with employer A an in US now. My LB Petition expires on Nov 4, 2008. I applied for my H1 B in 2008 with employer B. Employer B has told me that my H1b application is approved and has not sent any documents to me yet.

What is the process to join the new employer B. Do I need to go back to my home country to get my Visa stamped so that I can work with employer B.

I would like to know more details and information before I talk to my new employer B. And when is the right time to inform employer A on this.

[txh1b]

If your H1b was approved as a COS, then you cannot work on L1 past Oct 1st as it is illegal. Look at many hundreds of posts on the forum on the same subject.

[dk82]

what is COS and how do I know if H1b was approved as a COS

[txh1b]

You need to do some reading on this website. Ask your employer.

[dk82]

Thank you. I now know what COS means from other posts.

1. Will my L1 employer know of the H1 approval if I do not tell them.

2. If I have to Join H1 Employer starting Oct 1st then what is the status of my I94 of L1. Do I get a new I94 with H1 or do I need to travel to other country and come back again to get my stay extended on H1.

3. What if My L1 employer applies for an extension of L1 petition in the mean time.

[txh1b]

1. No But it is your responsibility to not work after Oct 1st if the H1b was approved as a COS as it makes it illegal.

2. If it was a COS, H1b approval comes with an attached I-94.

3. If the L1 petition extension is filed, you can continue to work on L1 like I said before. But any denial puts you out of status.

[dk82]

I want to contnue with L1 Company but I do not want to go to canada or mexico or any other country for medical reasons of my wife (she is on L2). What are the options

1. Can I revoke or cancel my H1 petition so that I continue with my L1 and L1's I94

2. Can I alone go for leapfrog having my wife stay back in US. She cannot travel to any country (canada or mexico or india) with her health condition

3. In the first place is my employer B (H1B) bluffing that its a H1B with COS just because he wants me to join. Can I check from any site if the approval was with COS or not.

4. Can I transfer my H1 with Company B to my L1 company. I will explain this to my L1 company. My L1 company also badly needs me to work for them at this moment. Not sure of the concequences that I would face with L1 employer

5. If my L1 company is ok for the H1 transafer to him when is the right time for me to do this and explain them.



What is the best thing that you would suggest for me.

[txh1b]

1. No. It puts you out of any status but not on the prior status. Your wife need not travel. As long as you enter on L1, she can remain on her prior L2 unless her status chnage to H4 was also approved from L2.
2. See above
3. No. Ask for a copy without which how can you join?
4. Can be done easily prior to Oct 1st using PP.
5. Now!!
6. Don't do that. Both of you are risking deportation and jail if caught.

[dk82]

Hi TXH1B, Thanks a lot and god bless you for all the help.

Your reply saying that I alone can go without my wife gives me lots of energy. I almost did not have sleep for 3 nights because of this issue.

1. I have not provided any of the details of my wife and so I assume that
L2 to H4 process has not started. Do you want me to check on this with
H1 employer

2. Will there be any problem If I go to canada alone and come back by road. Any issue or rejection at PoE will make my wife alone and helpless in US.

3. Will my H1 employer send the originals for the leapfrog

4. Is just PP enough to transfer H1 from H1 employer to L1 emplyer. are the H1 petition or H1-I94 not required?

5. Do I need to travel out of the country after transfer

6 what if the transfer gets delayed.

7. Can my L1 employer apply for COS from H1 to L1 and when can they do it

8. Is there a case where some one did this where L1 is indian big it companies and H1 was applied with consultant. Do they entertain this or will they terminate me if i tell them this situation

[txh1b]

1. No need to check if you did not provide any of the details.

2. No problem as you will not be denied admission. Getting a new I-94 is the key which may not be issued if you travel to border countries. You can try explaining that you have a COS to H1b and don't want to work for the employer currently as you are in the middle of a project only if asked.

3. Why do you need H1b originals? You need only docs of the status that you want to enter. Don't complicate things. Just carry proof of approval in case you have to show to CBP.

4. You need proof of approval of H1 to transfer it. An online case status will suffice if you are sure that case # belongs to you.

5. No if the transfer gets approved with I-94. Your employer should also file for a L2 to H4 COS along with the transfer so as to not put your wife out of status.

6. What about it? If the transfer is filed before Oct 1st, you could possibly use AC21 and work for the L1 employer on H status. Check with a lawyer.

7. Your L1 employer can apply for L1 extension now. But you have to tell them about H1b COS which might ruin your relationship with them. Not a suggested route.

8. Not sure about how the Indian sweatshops react.

[dk82]

Thank you txh1b

Sorry for the trouble. May be last post on my issue.

1. My L1 expires in 3 months will I be allowed to enter if I go for a leapfrog with my wife staying on L2 in us

2. Is it not required for me to surrender both L1-I94 and H1-I94 before I get into canada

3. I am not sure if the EAC refernce number provided by H1 employer belongs to me or not as the website does not provide any information

4. Doesn't the usccis website show my name or whether it was approved with COS or not?

5. How long does it take to apply for canada visitor visa. Can I apply for Vistor visa at the border (niagara falls)

6. Can I apply canada visitor visa in Post or do we need to go in person. Please provide more details or any previous posts on the canada visa process/pr0cedure/required forms/Required documents/fees etc

[txh1b]

1. Yes if your l1 petition and visa are valid.
2. Correct. You need to submit the I-94 for the status that you currently hold not future status.
3. Does not matter. Carry it with you as it is immaterial. You just need to have the paper needed for your entery on L1.
4. No, it will not. H1b is employer's petition.
5. You can apply at Buffalo consulate. No visa issued at the border. Check their website. It has clear instructions.
6. Either is possible. Check their website for details. Google can help.