H1 COS and queries

[suguru]

Hello Senior Members,

Here's a situation:

Currently I'm in the US and working on L1B visa.
I got my H1 filed in 2008 from company B. They filed with COS and I did not know until I got my H1 approved with COS. My H1 was approved with COS on Oct 16 2008.
Due to the market condition, I wanted to work for my current L1B employer.
To remain on L1 as per suggetions, I travelled to India on Oct 31 2008 and came back on Nov 12 2008 with new I94 on L1B visa.
I know that for around 14 days I was Out of status of H1 and working illegally on L1B visa.

My questions are :

1) My L1B visa is valid till July 24 2009. I've to file for an extension by April 2009. Will the illegal work on L1B for around 14 days be caught when I file for an extension ?

2) In the situation described above, will my current L1B employer know about my approved H1 ?

3) In the situation described above, is there any possibility that my L1 extension getting rejected ?

Please let me know.

Thank you.

P.S. If anyone with this kind of situation, please share your experiences.

[txh1b]

1. As such, L1 extensions are getting denied. The 14 days of unauthorized work may impact the decision but the former will impact it more.
2. No. But in case USCIS issues an RFE to prove continous valid status in US, you are screwed.
3. Yes

[suguru]

Thank you.

The 14 days of unauthorized work may impact the decision but the former will impact it more.

The former "out of status of H1" will impact more for working on H1 or getting the L1 extension ?

But in case USCIS issues an RFE to prove continous valid status in US, you are screwed.

What are the documents that are required to prove continuous status on L1B in the US ?

[txh1b]

Former - The fact that L1 extensions are getting denied for the broad "speciality Knowledge" definitions that companies have used to bring people here on L1 instead of H1.

You cannot prove it as USCIS knows that your status changed to H1b.

[suguru]

Ok. So what is the safest possible way out ?
Please suggest.

Thank you.

[txh1b]

You should have thought about it before violating the law. There is no after the fact correction to these immigration issues other than live in constant fear of when this will be brought up.

[suguru]

Yes, I understand your point.
Now, I'm really scared.

a) Should I not file for an extension at all ?
b) Should I go back to India and ask the L1 employer to file new L1B for me ?
In this case, will my L1B employer come to know about H1 ?

[txh1b]

Your choice. Keep in mind that L1 extensions as such are getting denied in high numbers. L1 employer will not know about H1 directly unless there is an RFE about your status and you inform them about your (mis)adventure with H1b COS.

[suguru]

Thank you for your quick response !

I understand but one never know what would happen. Suppose, there is an RFE then it would be difficult for me to live with the L1B employer.

Can one file for L1 extn when one is out of the US ?

[suguru]

Can one file for L1 extn when one is out of the US ?

Could Txh1b answer ?

[txh1b]

The term "Extension of stay" is applicable when you are inside the US.

[suguru]

Hello again txh1b,

Here's a situation:

Currently I'm in the US and working on L1B visa.
I got my H1 filed in 2008 from company B. They filed with COS and I did not know until I got my H1 approved with COS. My H1 was approved with COS on Oct 16 2008.
Due to the market condition, I wanted to work for my current L1B employer.
To remain on L1 as per suggetions, I travelled to India on Oct 31 2008 and came back on Nov 12 2008 with new I94 on L1B visa.
I know that for around 14 days I was Out of status of H1 and working illegally on L1B visa.

My questions are :

1) My L1B visa is valid till July 24 2009. I've to file for an extension by April 2009. Will the illegal work on L1B for around 14 days be caught when I file for an extension ?

2) In the situation described above, will my current L1B employer know about my approved H1 ?

3) In the situation described above, is there any possibility that my L1 extension getting rejected ?

Please let me know.

Thank you.

P.S. If anyone with this kind of situation, please share your experiences

Considering my case, if the H1B employer decides to revoke my H1, then can I still continue to work on L1B till the date my L1 is valid ?

Please let me know.

[suguru]

TxH1B could you answer my queries?