L1-H1- After LeapFrog

[rohitmaha]

Hi,

I have a L1 visa and got my H1 approved this year but since I wanted to continue on my L1 even after Oct 1st, I went for the leapfrog option. I left the US on Sep 17th to India. I re-entered on Oct 5th.
I was issued NEW I94 which is valid till Jun 2009(L1 expiration date).

Now I want to join my H1 employe in next 2 months, what options I will have?

[itzprams]

Now I want to join my H1 employe in next 2 months, what options I will have?

First of all your h1 employer has to file an amendment from L1-H1. You can not work until it gets approved and you cannot work for L1 employer after COS approval.
It takes 2-6 months for approval.

[hikes]

Please do not go for COS from L1 to H1. This is risky. It can get approved / rejected any time in 2 - 6 months. You'll be working illegally if you continue to work on L1 after COS is approved.

Best option is to go to your home country and get your H1 stamped. Enter the US after stamping and get a new I94.

[rohitmaha]

If I go for stamping...what are chances of rejection and what kind of questions they may ask.....and If it gets rejected, can I come back to US on L1.

[hikes]

When you go for H1 visa stamping, it's quite possible that VO may cancel your L1 before stamping H1. If they do not do so, you can have both the visa but work on only one visa at a time. In this case you need to enter if the visa of your choice. You need to explain the POE officer.

If the H1 employer is good one and has a job for you (not the desi consultants who are crooks ) then you may well get the H1 visa. Getting a visa is definitely a luck.

Even if you are in the US and apply for COS from L1 to H1, you COS and trasfer can get rejected. So visa is totally a different ball game.

[rohitmaha]

Thnx for your reply....I have one more question....as u mention above in your first answer that, go to home country for visa stamping.....Which place will be good for stamping...India, Canada or Mexico?

[hikes]

Home country is the country of your origin.
Mexico, Canada etc will not guarantee visa stamp or new I94. Beware of this.

[simplyshree]

Home country is the country of your origin.
Mexico, Canada etc will not guarantee visa stamp or new I94. Beware of this.

but i read many threads where people have done their stamping from Canada/Mexico.. could you plz elaborate why going to home country is better? also I read in some posts ppl were told why dint they get it stamped in Canada/Mexico

[hikes]

No explanation.
Just because it's your home country things go easy.

For Canada / Mexico, you are not the citizen of the country so third country stamping is always risky.

Take your own decision.

[rohitmaha]

Today I talked with my H1 employer... He is telling me to dont go for stamping as it can get rejected due to no current project.
When I asked for premium filing for COS, he is again giving me the same reason.

He is giving me option for regular COS and telling me to join ASAP. He is saying, I can join on H1 when COS is in progress.
and meantime when I will get a project, he will show that as a current project by which COS will get approve.
I want to know, how much I can trust him and what I need to do by which I will not be out of status.

[sabiya]

He is a shady employer, I feel.

One cannot start working on H1 when COS is in progress. You have to wait till it gets approved. The day it gets approved, you have to move on to H1 and cannot work in L1.

COS takes around 2 - 6 months for approval. You never know when it happens. The probability of falling out of status from H1 and working on L1 illegally is always there when one goes for COS option.
Ideally, COS is not a good choice.

Getting visa stamped from home coutry is the best option. Yes, the market in the US is not good at the moment. But if, the employer has projects on H1 and he is genuine (not shady) then why should you fear of not getting your visa stamped ?

Think twice before you act. Stay in L1 till the market condition improves.

[ajaysharmlondon]

are you stupid?

when you know that this is a small time staffing desi company, why do you want to transfer to them? you will hit the bench without pay and breach the immigration law. why do you want to risk all this?

ajay

[sreeni1979]

l1 to h1

Hi,

I have a L1 visa and got my H1 approved this year but since I wanted to continue on my L1 even after Oct 1st, I went for the leapfrog option. I left the US on Sep 17th to India. I re-entered on Oct 5th.
I was issued NEW I94 which is valid till Jun 2009(L1 expiration date).

Now I want to join my H1 employe in next 2 months, what options I will have?

I am pretty sure ur employer is a desi one. Please understand people are getting fired like anything. If join h1 employer without any COS approval and also with salary, if your h1 is rejected. You will have to leave USA. Stick with your l1 employer till market improves.

Do not goto H1 company til COS is approved.

[RAJA505]

L1 to h1

I am on l1 currently with company a, i have h1b approval which is valid till aug 30, 2011 from company b.

My company b is offering me a project , can i start working for them