Question on L1 & H1

[nani729]

Hi,

I have a typical situation. I'm currently working on L1A with company A and my I-94 is valid till Feb , 2009. In the mean time, company B has appiled H1B that was apporved with th COS which is effective from Oct 1 , 2008.I'm not aware of COS till last week.I'm still with Company A that now wants to apply for my L1A Extension.I also want to continue with company A for some more months and join company B some time in the 2nd half of 2009.

1. Can i let my company A apply for L1A extension without providing them with the copy of H1 (I-94 ) as i don't want my company know that i have H1B with COS?If so, will there be any problem to get the L1A extension with new I-94?
2.If INS finds that I have valid H1B with company B and requested for L1A extension through company A without request for COS from H1B to L1A, is there any possibility for INS to reject my L1A extension and also cancel my H1B?

Your help will be highly appreciated as i need to the decision within next a couple of days..

Thanks,

[txh1b]

Read many other posts on the same subject. It is illegal to work for L1 company after a COS approval.

[nani729]

L1 & H1?

Thanks for your reply

I have gone through some of the posts but cudn't see the answers to the below specific question

1. Can i let my company A apply for L1A extension without providing them with the copy of H1 (I-94 ) as i don't want my company know that i have H1B with COS?If so, will there be any problem to get the L1A extension with new I-94?
2.If INS finds that I have valid H1B with company B and requested for L1A extension through company A without request for COS from H1B to L1A, is there any possibility for INS to reject my L1A extension and also cancel my H1B?

3 Can I apply for L1A extension without providing INS with latest H1 -I94?Can H1-I94 can be overridden by L1-I94??

Please take a minute and answer above 3 questons?

Thanks

[txh1b]

1. Not possible as your current status is no longer L1.
2. Not cancellation but will be subject to deportation due to illegality of the work for L1 employer without authorization.
3. No more status changes permitted as you are currently out of status. You should work for H1b employer to reinstate your status.

[ufuninweb11]

Reinstate H1b after L1 Extension

Hi,

I have a typical same situation. I'm currently working on L1 Blanket visa with company A and my L1 visa is valid till Sep2011, I-94 is valid till Sep2012. In the mean time, company B has applied H1B that was approved, which is effective from Jun , 2011. I'm still with Company A, that now wants to apply for my L1 Blanket Extension. I also want to continue with company A for some more months and join company B some time in Dec 2011, as in need to travel to my home country during Oct2011 for my marriage.

1. Can i let my company A apply for L1A extension without providing details of my H1 approval, as i don't want my company know that i have H1B with COS?If so, will there be any problem to get the L1 blanket extension?

2.If INS finds that I have valid H1B with company B and requested for L1 blanket extension through company A without request for COS from H1B to L1A, is there any possibility for INS to reject my L1 extension and also cancel my H1B?

3. Suppose I am in my home country, need to travel back to US before my L1 visa expiry, that is Sep2011. Mean time my L1 extension got approved. Should I go for stamping before travelling back to US or I can travel to US with my old visa expiry date that is Sep2011?

4. Say, If I go for L1 extension stamping, will the visa counselors cancel my H1B approval? If cancelled, will I be able to reinstate my H1 B approval with Company B after coming back to US on L1 extension with Company A? Normally how much time gap is acceptable for reinstating H1b from L1 extension?

Your help will be highly appreciated as i need to the decision within next couple of days.

[shervin143]

I have a typical same situation. I'm currently working on L1 Blanket visa with company A and my L1 visa is valid till Sep2011, I-94 is valid till Sep2012. In the mean time, company B has applied H1B that was approved, which is effective from Jun , 2011. I'm still with Company A, that now wants to apply for my L1 Blanket Extension. I also want to continue with company A for some more months and join company B some time in Dec 2011, as in need to travel to my home country during Oct2011 for my marriage.

1. Can i let my company A apply for L1A extension without providing details of my H1 approval, as i don't want my company know that i have H1B with COS?If so, will there be any problem to get the L1 blanket extension?
>>> I am assuming that your H1B approval is a COS from L1 and it came with a new I-94 attached. If so, then you are no longer in L1 status. You are currently in H1B status and you are out of status on H1B and your employment with the L1 employer after the H1B COS approval is considered as illegal employment. When you are no longer in L1 status, there is no extension to it. Search and read about leapfrog. If you want to get back to L1 status, you should leave the country and return back in L1 visa and then file the L1 extension.

2.If INS finds that I have valid H1B with company B and requested for L1 blanket extension through company A without request for COS from H1B to L1A, is there any possibility for INS to reject my L1 extension and also cancel my H1B?
>>> They can very well reject your L1 extension. Ultimately any time spend in U.S after the H1B COS will be considered as out of status and any employment after the H1B COS with the L1 employer will be considered as illegal employment. H1B petition will remain valid. The more the out of status period and illegal employment, the more issues you are inviting.

3. Suppose I am in my home country, need to travel back to US before my L1 visa expiry, that is Sep2011. Mean time my L1 extension got approved. Should I go for stamping before travelling back to US or I can travel to US with my old visa expiry date that is Sep2011?
>>> If the old visa is valid, you can use that to travel with your new petition.

4. Say, If I go for L1 extension stamping, will the visa counselors cancel my H1B approval?
>>> The petition will remain valid unless cancelled by the employer. If you have a H1B visa stamped in your passport, then that could get cancelled when you go for L1 stamping.

If cancelled, will I be able to reinstate my H1 B approval with Company B after coming back to US on L1 extension with Company A?
>>> If your enter in L1 visa, then a COS from L1 to H1B need to be filed and that should get approved for you to work for the H1B employer. Alternatively, you can leave the country and return back in H1B visa and start working for the H1B employer.

Normally how much time gap is acceptable for reinstating H1b from L1 extension?
>>> Not sure what you mean.

[ufuninweb11]

Reinstate H1B after L1 Extension

Hi Shervin143,

I highly appreciate for your quick reply. few more questions starting with ***

I have a typical same situation. I'm currently working on L1 Blanket visa with company A and my L1 visa is valid till Sep2011, I-94 is valid till Sep2012. In the mean time, company B has applied H1B that was approved, which is effective from Jun , 2011. I'm still with Company A, that now wants to apply for my L1 Blanket Extension. I also want to continue with company A for some more months and join company B some time in Dec 2011, as in need to travel to my home country during Oct2011 for my marriage.

1. Can i let my company A apply for L1A extension without providing details of my H1 approval, as i don't want my company know that i have H1B with COS?If so, will there be any problem to get the L1 blanket extension?
>>> I am assuming that your H1B approval is a COS from L1 and it came with a new I-94 attached. If so, then you are no longer in L1 status. You are currently in H1B status and you are out of status on H1B and your employment with the L1 employer after the H1B COS approval is considered as illegal employment. When you are no longer in L1 status, there is no extension to it. Search and read about leapfrog. If you want to get back to L1 status, you should leave the country and return back in L1 visa and then file the L1 extension.
***I received H1b approval notice, but still didn't requested for COS, as you said, I am aware that I need to file COS from L1 to H1B, If need to work on H1b. I am still working in L1. Before Sep2011 I need to go my home country for marriage, mean while my L1 company A is inteded to file a L1 extension, my question is
Can i let my company A apply for L1A extension without providing details of my H1 approval, as i don't want my company know that i have H1B with COS?If so, will there be any problem to get the L1 blanket extension?


2.If INS finds that I have valid H1B with company B and requested for L1 blanket extension through company A without request for COS from H1B to L1A, is there any possibility for INS to reject my L1 extension and also cancel my H1B?
>>> They can very well reject your L1 extension. Ultimately any time spend in U.S after the H1B COS will be considered as out of status and any employment after the H1B COS with the L1 employer will be considered as illegal employment. H1B petition will remain valid. The more the out of status period and illegal employment, the more issues you are inviting.
*** Here in my case still COS is not applied. my question is
If INS finds that I have valid H1B with company B and requested for L1 blanket extension through company A without request for COS from H1B to L1A, is there any possibility for INS to reject my L1 extension and also cancel my H1B?

3. Suppose I am in my home country, need to travel back to US before my L1 visa expiry, that is Sep2011. Mean time my L1 extension got approved. Should I go for stamping before travelling back to US or I can travel to US with my old visa expiry date that is Sep2011?
>>> If the old visa is valid, you can use that to travel with your new petition.
*** You mean

4. Say, If I go for L1 extension stamping, will the visa counselors cancel my H1B approval?
>>> The petition will remain valid unless cancelled by the employer. If you have a H1B visa stamped in your passport, then that could get cancelled when you go for L1 stamping.
*** In my case, H1b with company B is not already stamped, just got the approval notice and COS is not filed from L1 to H1 and I traveled back to my home country. I am in my home country before Sep2011 and my company A files for L1 extension and I need to travel back to US in Nov2011, my old visa with Company A got expired. I am scheduling my visa interview for my L1 extension in Oct2011. my question is
If I go for L1 extension stamping, will the visa counselors cancel my H1B approval of Company B which is not stamped? What could be the possible questions on my Company B H1b approval from visa counselor during L1 extension stamping? What should i reply?


If cancelled, will I be able to reinstate my H1 B approval with Company B after coming back to US on L1 extension with Company A?
>>> If your enter in L1 visa, then a COS from L1 to H1B need to be filed and that should get approved for you to work for the H1B employer. Alternatively, you can leave the country and return back in H1B visa and start working for the H1B employer.
*** In my case say, some how H1 b approval of Company B got cancelled. My L1 extension of Company A got approved in Oct2011, I travelled to US in Nov2011 with L1 extension of Company A and I got a new I-94.
Case1 : Will I be able to reinstate my H1 B approval of Compay B from L1 extension?
Case2: If H1B approval is not cancelled, will I be able to file a COS from L1 extension to H1b of Company B? reason I am asking is "early while applying H1 B through company B, I was in L1 blanket not in L1 extension", but now I am in L1 extension of Company A, will I be able to file a COS from L1 extension of Company A to H1B of Company B?

Normally how much time gap is acceptable for reinstating H1b from L1 extension?
>>> Not sure what you mean.
*** In my case say, I am back to US in Nov2011 with L1 extension of Company A and some how H1B of company B got cancelled during my visa interview of L1 extension. From Nov2011, I am in US with Company A L1 extension. question is
Will I be able to retain my cancelled H1B of company B? If I can retain what is the process and approximate time for the process?

[shervin143]

A very simple question. Did your H1B approval notice come with an I-94 attached to it or not? Check the bottom portion of the H1B approval notice. The answer to your questions will be based on that.

[ufuninweb11]

COS not applied

*** COS (change of status) is not applied by H1b Company B. Currently I have only H1b approval of Company B no change in I-94. Company B is planning to file a COS, as soon as I find a new job.

My L1 visa of Company A will expire by Sep2011 and I-94 is valid till Sep2012.

I think now it is clear for you. Please answer to my previous questions.

[shervin143]

***I received H1b approval notice, but still didn't requested for COS, as you said, I am aware that I need to file COS from L1 to H1B, If need to work on H1b. I am still working in L1. Before Sep2011 I need to go my home country for marriage, mean while my L1 company A is inteded to file a L1 extension, my question is
Can i let my company A apply for L1A extension without providing details of my H1 approval, as i don't want my company know that i have H1B with COS?If so, will there be any problem to get the L1 blanket extension?
>>> If your H1B was not filed as a COS, then YES, the L1 employer can file the extension without any issues since your status is still L1. You don't have to inform them about your H1B approval. The confusion began when you mentioned that your H1B was a COS (See the bold text in your question above).

*** Here in my case still COS is not applied. my question is
If INS finds that I have valid H1B with company B and requested for L1 blanket extension through company A without request for COS from H1B to L1A, is there any possibility for INS to reject my L1 extension and also cancel my H1B?
>>> That is not an issue. Just because you have an H1B approved with a different employer, it doesn't mean that you are forced to apply a COS to H1B and have to start working for that employer.

3. Suppose I am in my home country, need to travel back to US before my L1 visa expiry, that is Sep2011. Mean time my L1 extension got approved. Should I go for stamping before travelling back to US or I can travel to US with my old visa expiry date that is Sep2011?
>>> If the old visa is valid, you can use that to travel with your new petition. However, it is never advisable to travel when the petition is pending with USCIS because your extension will come with a new I-94 and your will get a new one when you enter U.S (at the POE) and there will be confusion on when the status will actually expire. Also, there are chances that the extension of status can get denied when the person is not in U.S. Either come back and file the extension or file the extension, get the approval and then travel.


*** In my case, H1b with company B is not already stamped, just got the approval notice and COS is not filed from L1 to H1 and I traveled back to my home country. I am in my home country before Sep2011 and my company A files for L1 extension and I need to travel back to US in Nov2011, my old visa with Company A got expired. I am scheduling my visa interview for my L1 extension in Oct2011. my question is
If I go for L1 extension stamping, will the visa counselors cancel my H1B approval of Company B which is not stamped? What could be the possible questions on my Company B H1b approval from visa counselor during L1 extension stamping? What should i reply?
>>> They won't cancel your H1B petition when you go for L1 stamping and there will no questions related to your H1B approval.

*** In my case say, some how H1 b approval of Company B got cancelled. My L1 extension of Company A got approved in Oct2011, I travelled to US in Nov2011 with L1 extension of Company A and I got a new I-94.
Case1 : Will I be able to reinstate my H1 B approval of Compay B from L1 extension?
>>> Yes. A COS from L1 to H1B need to be filed and when that gets approved you can start working for the H1B employer.

Case2: If H1B approval is not cancelled, will I be able to file a COS from L1 extension to H1b of Company B? reason I am asking is "early while applying H1 B through company B, I was in L1 blanket not in L1 extension", but now I am in L1 extension of Company A, will I be able to file a COS from L1 extension of Company A to H1B of Company B?
>>> Yes. A COS from L1 to H1B can be filed.

Normally how much time gap is acceptable for reinstating H1b from L1 extension?
*** In my case say, I am back to US in Nov2011 with L1 extension of Company A and some how H1B of company B got cancelled during my visa interview of L1 extension. From Nov2011, I am in US with Company A L1 extension. question is
Will I be able to retain my cancelled H1B of company B? If I can retain what is the process and approximate time for the process?
>>> First of all your H1B petition will not be cancelled when you go for L1 stamping. If it was cancelled then a new petition need to be filed. But since you are already CAP counted, the employer can file the new petition under the old H1B CAP (using a copy of the old H1B approval notice). If that petition is filed as a COS, then upon approval you can work for the H1B sponsor.

[ufuninweb11]

Is Amendment required to Join CompanyB?

**** **** **** **** **** **** **** **** **** **** **** ****
Scenario : I came to US in Nov2009 on L1 with Company A as a Programmer and applied for a H1 with Company B. H1B got approved with Company B with validity from 25May2011 till 24May2013. I didn't join Company B. Meanwhile Company A applied for H1 and it got approved valid from 10Jan2012 to 10Jan2013.
Company B is forcing me to join as they cannot hold H1B idle for such a long time. Currently I am working on H1B with Company A and my wife is in US on H4. I am confused whether to join Company B or I can continue with Company A, as Company A will keep extending. Company A does not support Green Card Processing, whereas Company B does support for Green Card Processing, thinking of my future, I am also interested to move to Company B.

Fresh Questions :
[COLOR="DarkBlue"]>>>
1. As my H1B with Company B is processed and approved when I was in L1 with Company A, If I want to move to Company B, Is amendment required?
2. If Amendment required, normally how much time will it take?
3. What all expenses could be and how much it could cost me approximately?
4. Will there be any problems in future as I am quiting Company A with a H1 and joining Company B with another H1?
5. How much time is required for Company B to apply for my Green Card, If I join Company B?
6. Normally what time it will take for processing Green Card?
7. During the process of Green Card, If my Visa or I94 validity comes near to expiry, can Company B apply for my H1b extension? Incase Company B applies, what kind of problems can I expect and do we have any remedies to follow in order to overcome that problems before joining Company B?
8. If Amendment not required, what is the process for joining Company B?
9. H1 approved with Company B does not include my wife, If I want to join Company B, will my wife H4 will also be transfered. If not what I need to do?