Have L1 and H1

[samri]

Hello Senior Members,

I'm working in the US on L1B visa. Lats year I got by H1B filed with COS.
To void the COS, I went to my home country and re-entered the US on L1B visa and I'm still working on L1B visa.
My Visa got approved on 20 Dec 2008.

My questions are:

1) Am I leagally working in the US on L1B visa ?
2) Will my approved H1 create problems when I go fo L1b visa extension ?
3) Suppose, L1B employer decide to file a green card for me, will my H1 be an hindrance to it ?
4) Will my L1B employer know about my H1 ?
5) I've still not told my employer that I travelled to void the COS, do I need to tell him ?
6) What can the H1 employer do if I do not work for him ? I've paid for my H1 (I know it is illegal).
7) Do you see any legal problems about the facts that I've mentioned ?

All help appreciated.

Thank you.

[txh1b]

There were similar questions asked by another user recently. Look for it on the forum.

[samri]

My questions are:

1) Am I leagally working in the US on L1B visa ?
2) Will my approved H1 create problems when I go fo L1b visa extension ?
3) Suppose, L1B employer decide to file a green card for me, will my H1 be an hindrance to it ?
4) Will my L1B employer know about my H1 ?
5) I've still not told my employer that I travelled to void the COS, do I need to tell him ?
6) What can the H1 employer do if I do not work for him ? I've paid for my H1 (I know it is illegal).
7) Do you see any legal problems about the facts that I've mentioned ?

The answers that I got are:

1) Yes, I'm legally working on L1b
2) No, L1 and H1 are independent of each other.
4) No, unless I go and tell them.

I do not have answers to questions 3, 5, 6 and 7
For question # 2, do I need to mention a anywhere about my H1 when I file for my L1 extn ?

Please let me know. Sorry if I'm bothering you.

[txh1b]

2. No. It is just a petition that you had and it got approved. Your concerns are baseless.
3. No
5. Your choice.
6. They can sue you for an express promise that you made that you will join them. But it does not happen in most cases.
7. No

[samri]

Thank you, Txh1B.

I've an other friend who filed his H1 in 2008 and the status is pending.
His case is same as mine except that the H1 is pending for approval.

It seems that an immigration attorney told him that the H1B may come with a new I94. In this case, his status can automatically change to H1 ?
Is this true ?
As far as I know and what people see is, after leap fron the COS is void and if H1 gets approved, it comes with old I94.

[samri]

Can someone answer my query:

Thank you, Txh1B.

I've an other friend who filed his H1 in 2008 and the status is pending.
His case is same as mine except that the H1 is pending for approval.

It seems that an immigration attorney told him that the H1B may come with a new I94. In this case, his status can automatically change to H1 ?
Is this true ?
As far as I know and what people see is, after leap fron the COS is void and if H1 gets approved, it comes with old I94.

[txh1b]

Once leapfrog is done, even if it comes attached with an old I-94 number, it is void. The new I-94 obtained at the airport is the valid I-94.