L1B to H1B COS Very Very Urgent.

[usvisaquery]

Hi

I am on L1 and now changing to H1 by applying Change of Status. I will give below full details of my US travel from India and ask you few questions. please reply ASAP.

Location: April 2007, India.
Applied H1: I have applied for H1 for a company A and it got picked up in lottery system and got approved. I have not went for stamping for this H1 till now. The papers are with my consultant i.e. Company A.

Location: December 2007, India.
Processed L1: Company B for which I am working as filed my L1B petition and it got approved and went for stamping for L1B visa and came to USA in Febuary 2008 and working for Company B.

Location: December 2008,USA
L1 to H1: Now my company B wants me to go back to India by end of 1st weekend of January 2009. Now I want to utilize my H1 approved papers and convert my L1 from company B to H1 company A. Please help me in knowing the following details.

1. How long I can stay after the last working day in Company B.
2. Is that validity of duration is from last working day at company B or from the day company B reports to INS.
3. Company B is conveying a message that I am travelling back on 29th December to India. Will it create any problem if I stay now.
4. I had postpone my travel to 9th January and meanwhile applying for COS.
5. Is it valid to change from L1 to H1 with above explanation of my current stay.
6. Company A is applying to L1 to H1 COS, how long it will take for this process to complete.
7. From when it is valid to stay in US, is it once the petition of COS is filed or on receiving the petition number or from when the petition is approved.
8. From when it is eligible to start work or search for work.
9. Can I travel India during this l1 to h1 COS is going on.
10. Can I travel India after l1 to h1 COS is done and if so what precautions have to be taken to come back to US on H1.


Please do help me.

Waiting eagerly for your replies.

Your help is highly appreciated.
Regards,
usvisaquery.

[txh1b]

1. Zero Days
2. From last day at work.
3. It is past due already meaning you are out of status.
4. You would have accumulated few days of out of status period. However, it depends on when the last paycheck is dated.
5. Provided you have a job available for the H1b. You need to wait till petition is approved to begin work. Go with premium processing if you want to begin work quick and get the result soon. If USCIS denied COS after 2-3 months, you are in a soup.
6. 2-6 months
7. Once filed.
8. Once approved begin work. Searching? Your basis for COS means that you have a job with A. No searching involved.
9. Not unless you want to wait till the approval goes through and return with a H1b visa stamp.
10. Get a visa.

[usvisaquery]

Thanks for the fast reply,

Please let me know the below now.

1. what is the consequense if we accure many days in out of status
2. Is there any limit on the accural on number of days with out of status
3. If I go with COS from L1 to H1 with Premium Processing, it will take 15 days will that be a problem to stay here during that duration.
4. In worst case if COS PP fails, can I go back to India and re-enter with getting VISA stamping done in Inida and for that any precautions to be taken, if so please tell me.
5. If now I am in out of status, can I apply for COS. what does COS mean if I have L1 then only is it valid.
6. Its really great to get answers from you and I followed couple of your replies too and I am confident on what you are saying. Is there any official document or web link that provides guidelines to do some self reading and understand a bit out of it for any future references atleast.

Your help is highly appreciated.

Regards
USVISAQUERY.

[txh1b]

1. Bad for future visas, immigration, secondary questioning at POE etc especially if you became illegal which you do if your job ends. To avoid that, have your new sponsor file for a COS immediately. That will make your stay authorized while pending.
2. Zero
3. Not if the PP COS was filed prior to you becoming out of status.
4. You could indicating clearly that you overstayed the prior visa on your visa form.
5. You need to do your own research as I don't have time to find it.

[usvisaquery]

Few more questions.

1. Generally how many days it will take once my current L1 employer notifies to INS and INS takes into consideration. will that gap can be taken as valid period to stay before my H1B sponsorer files for COS.
2. If by the time COS is filed suppose the INS receives L1 job is finished, will that impact COS processing.
3. If I am out of status by the time COS filed will that be a problem, hope it is same as the 2nd point.
4. I am having valid visa and I94 on L1 till december 31st 2010. Will that be any helpful in this situation.
5. During the period COS is in process, my stay is authorized as suggested eariler but that duration on what status it will be considered. Does authorization of stay and status related. Can I stay without status.

Hope you will clarify without any hesitation and help me out.

Regards
USVISAQUERY.