L1 to H1 COS rejected

[balsu_19]

Hi,

I came to US using L1B visa sponsored by company A. This year(2008) company B applied for Change Of Status (COS) to H1B for me. While my H1B was getting processed i went to India, so my H1b petition was approved but my COS was rejected.

In my petition approval copy (I-797C) it says that i have to go back to chennai for getting H1B stamping.
These are my questions
1) Is there any way i can do L1 to H1 COS from US?
2) If it is possible, can Company C do this L1 to H1 COS using the petition approved for company B?

Any help would be greatly appreciated.

Thanks
Bala

[txh1b]

Yes and Yes. Refer to FAQs.

[purna_to]

Hello,

I'm also on L1B working in the US. I applied for H1B this year and was with COS from L1 to H1.
I void the COS, I travelled to my home country during H1B processing so that I can stay on L1B even when my H1 is approved.

1) Is there any problem working on L1B after H1 is approved?
2) Will I get my H1B with a new I94 or is the one that I have is the latest I94?
3) L1B company is planning to file for an extension in Feb 09. Will they get an RFE just because I have an approved H1 ?
4) Is there any chance of my stay getting affected (illegal stay)because I habe two work visas with me ?
5) Can my L1 employer create any problems for me if they come to know that I have filed for H1 ?
6) Will the H1 consultant threaten me if I do not join him ? Can he sue me ? I have not signed any document / contract.

Thanks.

[txh1b]

1. No
2. You will not get the I-94 ideally. Even if you do, you will get it with old I-94 number which is not valid anymore as it was returned at exit.
3. No
4. No. You have two petitions not visas.
5. They will not know unless you tell them.
6. Who cares! No one can force anyone to work. It is your wish.

[balsu_19]

Hi txh1b,

Thanks a lot for your reply. I searched in the FAQ link in your reply but i couldn't find any information. Could you please tell me in detail.


Thanks and Regards
Bala

[txh1b]

In detail? I answered the questions, that is how detailed I can go. Read other posts to get better feel of it.

[purna_to]

Thank you, TXH1B for replying for my questions.

[MN7]

to balsu_19

Hi Bala,
txh1b has answered Yes & Yes to both your questions. You can file for a COS from L1 to H1 and it can be done by an third company C (when your H1 was applied for by Company B and you're on L1 via Company A).
You will have to provide Company C with Approved Petition details for the H1 (from Company B) and L1 Documents (from Company A).
A word of caution - once your COS is approved your Visa status becomes H1 from the date marked on the new I 797 A that your Company C will receive (and probably send to you). Now, once your Visa becomes a H1 it is illegal to work for any employer other than Company C (unless you file for a H1 transfer or try to reinstate your previous L1 status or take some other remedial action which I am unaware of).
This is from my personal experience - so it might not be 100% correct. If you receive any concrete information, please pass to me.
Thanks!!
MN

PS: txh1b and other members, please correct me if the above understanding is flawed.

[balsu_19]

Hi MN,

Thanks a lot MN.
I'm planng to do a COS next year. I will surely share my experiences.

Regards
Bala