L1 to H1 -- After Leapfrog

[rohitmaha]

Hi,

I have a L1 visa and got my H1 approved this year but since I wanted to continue on my L1 even after Oct 1st, I went for the leapfrog option. I left the country on Sep 17th to India. I re-entered on Oct 5th.
I was issued NEW I94 which is valid till Jun 2009(L1 expiration date).

Now I want to join my H1 employer from Jan 15 th 2009, what options I will have? I think I will have following options, can you please guide me on this.

1.My employer needs to file an amendment form for my h1, to again change the status from L1 to H1. How much time will it take to get this done?

2.Travel abroad to get a H-1B visa stamping and come back on H1. In this case of I travel to canada, I heard the US border personnel dont give me a new I-94, especially if I come back within 30 days. So how I will get my I94 in this case.

[txh1b]

1. 2-6 months for amendment. You will run into same problem as earlier as once it is approved, you CANNOT work on L1 with immediate effect.

2. If you get a new visa stamp and a change of status, they will give you a new I-94. You just have to explain if needed.

[rohitmaha]

Thnx for your reply.

Can you please elaborate more on the second option. Are you saying without applying new COS I cant get H1B stamped plus new I94.

[txh1b]

You can go for visa stamp and return with a new I-94. What made you think I said otherwise?

[rohitmaha]

I heard, if you go to Canada for stamping you will not get I94 whicle you are coming back to US. Is it true?

[txh1b]

I have already told you if it is a Change of status stamping, they HAVE to give you a new I-94. You have to tell them that you changed your status if they deny the I-94 at the border.

Some cases where it is an extension of current status stamping, do not get a new I-94 as they would have already gotten the I-94 with their approval notice.

You need to do some reading on the forum to understand the process better.