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L1 to H1 COS - Leapfrog after October ?
Hi,
Similar cases to mine have been put in this forum and answered a number of times. But, there is some issue for which i would really want your inputs on.
I am on L1B visa in US from Company A since May 2007 and my wife is on L2 EAD. She is also working on a contractual basis for a client using her L2 EAD. We had applied for our H1B in 2008 and we both got H1B approved with a COS starting Oct 2008. Now comes the issue, we never knew that H1B COS would put us in H1B and we would be unauthorised to work on L1/L2 after Oct.
We continued with our respective jobs till date when i learnt about this. I understand "Leap frog" was an option before Oct and now we are in unauthorised status. Due to the market conditions, the Company B which had applied for our H1B is unable to provide a job to start with. He says that USCIS provides a grace period of 120-180 days to be out of status. So we can continue with our L1/L2 jobs. But I guess, he is saying so just to buy time. I would now like to continue with my current employer i.e Company A on L1B till market improves.
My question -
1. Is it still possible to get my L1B status back by making a trip to Canada ?
2. I have read a lot of forums plus spoken to my frens who have made road trips to canada. They say that the officials generally do not ask for I-94 and they do get suspicious if you would want to hand it over and get a new one. I would try to avoid any such situation and since we are already out of status and would not want to raise many a eyebrows. Is it safe to fly down to canada and come back with a new I-94?
3. My L1 visa is also expiring in May 2009 but I-94 is valid till June 2010. Incase, i ask my L1B employer to file a L1B extn without reinstating my L1B status (by travelling to cananda), will it get a RFE / Denial of L1 Extn ?
4. Is it true that we can continue on L1 B after travelling to Canada till the new I-94 is valid ?
5. What is the possibility of L1 extn getting rejected if i don't reinstate my status to L1B by travelling to Canada ?
6. Or rather than Canada a trip to home country is most advised ?
Any other suggestions are most welcome.
Thank you,
Tan
Similar cases to mine have been put in this forum and answered a number of times. But, there is some issue for which i would really want your inputs on.
I am on L1B visa in US from Company A since May 2007 and my wife is on L2 EAD. She is also working on a contractual basis for a client using her L2 EAD. We had applied for our H1B in 2008 and we both got H1B approved with a COS starting Oct 2008. Now comes the issue, we never knew that H1B COS would put us in H1B and we would be unauthorised to work on L1/L2 after Oct.
We continued with our respective jobs till date when i learnt about this. I understand "Leap frog" was an option before Oct and now we are in unauthorised status. Due to the market conditions, the Company B which had applied for our H1B is unable to provide a job to start with. He says that USCIS provides a grace period of 120-180 days to be out of status. So we can continue with our L1/L2 jobs. But I guess, he is saying so just to buy time. I would now like to continue with my current employer i.e Company A on L1B till market improves.
My question -
1. Is it still possible to get my L1B status back by making a trip to Canada ?
2. I have read a lot of forums plus spoken to my frens who have made road trips to canada. They say that the officials generally do not ask for I-94 and they do get suspicious if you would want to hand it over and get a new one. I would try to avoid any such situation and since we are already out of status and would not want to raise many a eyebrows. Is it safe to fly down to canada and come back with a new I-94?
3. My L1 visa is also expiring in May 2009 but I-94 is valid till June 2010. Incase, i ask my L1B employer to file a L1B extn without reinstating my L1B status (by travelling to cananda), will it get a RFE / Denial of L1 Extn ?
4. Is it true that we can continue on L1 B after travelling to Canada till the new I-94 is valid ?
5. What is the possibility of L1 extn getting rejected if i don't reinstate my status to L1B by travelling to Canada ?
6. Or rather than Canada a trip to home country is most advised ?
Any other suggestions are most welcome.
Thank you,
Tan
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