H1 COS and L1

[MN7]

A candidate in L1 applies for COS on a previously Approved H1. Now, the start date on the I 797 A after COS Approval is in the past (say a month back - since the H1 employer has taken so long to get this through to the candidate).
Does this mean the candidate/employee who'd been unaware of the COS Approval status till now will face legal troubles in the later part of the Immigration Process? If yes, does the immigration law provide any method to solve this at the initial stage itself (instead of the 245-k during AOS), except immediately leaving the US? Can Leap-frog apply to this scenario - since the H1 COS Approval is in the past while employee continues to work on L1?

[txh1b]

Does this mean the candidate/employee who'd been unaware of the COS Approval status till now will face legal troubles in the later part of the Immigration Process?

Yes. That is why COS is not really a preferred way to go. Leap frog may work but that has to be disclosed as a status violation during visa process on the DS156.

[MN7]

Thank you!!

Thank you txh1b!!

[purna_to]

Leap frog is to remain the same status that you previously held.
My case is:

I'm on L1B (blanket) visa valid till Nov 2009. A consultant applied for my H1 this year with COS from L1B to H1B. If my H1B was approved before Oct 01 2008, then my status from Oct 01 2008 would have been H1B and I could not have continued working for L1B employer anymore.

So to avoid the COS (if one wants to continue on L1B), one should travel out of the US (preferably home country) before Oct 01 and come back to the US after Oct 01. This way you get a new I94 on L1B visa and continue to work on L1B visa. You also hold a valid H1B petition and NOT the visa.

My case was that I wanted to continue on L1B but my H1 did not get approved before Oct 01, so I had to void the COS. I travelled to my home country on Sept 27 and came back on Oct 15 on L1B visa with a new I94. This way I have voided the COS and can continue to work on L1B.

I'm not sure when I'll get my approved h1B petition but in any case, I can work on L1B even after my H1 is approved.

My questions are:

1) Will this COS issue create any problems in my future immigration process ?
2) Will they ask me if L1B company files for my GC ?
3) Is my above case legal per the immigration law
4) Will I have to explanin USCIS about my situation if they question me ?

Thanks.

[txh1b]

1. No
2. No
3. Yes
4. No, they will not ask. If they ask, there is nothing illegal in what you did.

[purna_to]

Thank you, TxH1B.
I see that you reply to maximum posts in this forum.
Thank you once again for helping us out.