What is my status

[kkaran]

Hi

I am on L1 and got H1 COS to start on H1 by 1 oct 2008. I want to continue with L1 for some more time because of the health reasons of my wife and market situation. I could not do the leapfrog. Even now I cannot do leapfrog leaving my sick wife alone in US.

My H1 employer checked with his lawyer and has withdrawn only the COS and informed USCIS to process stamping in home country and got approved before Oct1 2008 through Premium Process. He said that with this amendment I can continue to work on my L1 Visa and also can apply for extension. He said that his attorney said that this would work out so that I can continue on L1.

[C4us]

If you can pinpoint the time at which your ill wife will recover, she must be pregnant and due to deliver in February. If this is the case, this does not keep either you or her from traveling.

I would also worry about health insurance if you are out of status. It would not surprise me if there were to be a clause requiring that you be in legal status to be covered.

Since it sounds like you want to continue to work for your L1 employer, you should take whever steps are necessary to make it so.

RE Your statement Number 10: You will be the only one with consequences if you work illegally for your L1 employer when you should have been working for your H1B employer. Illegal work is very hard to explain especially when you have received an I-94 with the effective date on it.

[kkaran]

With the amended H1 I 129 requesting to inform india consulate and also had a covering letter attached which my H1 employer requested to withdraw COS only and not jeoparadise my status and continue to work with L1 as I feel it is unprofessional to resign and I am key resource. When it got approved I was happy. But with all the issues in the forum i am worried about status and L1 extension and all the other questions I raised.

TXh1b or c4us any suggessions on what should be my next step. What is my status. Can anyone answer to my questions in my first post.

[txh1b]

My H1 employer checked with his lawyer and has withdrawn only the COS

There is no such thing AFAIK. Did you get a I797A or B for your approval?

[kkaran]

Yes, I got a new I 797B which did not have I 94 attached. The earlier one which had I94 attached had I 797A

Does this mean my L1 Visa and L1 I 94 valid

[C4us]

I am not sure about which approval notice was for which status and the dates on each.

[txh1b]

Yes, I got a new I 797B which did not have I 94 attached. The earlier one which had I94 attached had I 797A

Does this mean my L1 Visa and L1 I 94 valid

What do you mean by earlier one?

You have to realize that a COS cancellation by an employer does not ever revert one back to previous status automatically. All status changes are handled by USCIS.

If your status never changed to H1b, you are fine. Otherwise, I am afraid you don't have a status currently.

[kkaran]

My L1 to H1 COS was approved in May 2008 I guess. I came to know that it was a COS in Sep. I wanted to continue with L1 and so my H1 employer checked with lawyer and applied for an Amended I 129 with a covering letter asking to withdraw COS only so that I can continue on L1 as I feel it is unprofessional to resign L1 for another few weeks and not to jeopadize my status. He applied for this in Premium Processing and got approved before oct 1st. The approval of the amendment was I797B.

What is my status. Am I on L1 or H1 or out of status?

[txh1b]

Again, my understanding remains the same. A COS revoke does not put one back into previously held status. Talk to a new reputable lawyer as I have never run into your scenario.