L1 to H1B w/o COS - Guidance

[optimist]

Hello all & mainly txh1b,

Am presently on a L1B with co A till 2010 but am planning to shift the status to a H1B with co B this year in the 2009-10 quota. I would request your guidance on the below:

1) If I file a H1B without COS, can I continue with my present employer co A and the present status L1B even after Oct 1 2009 ? Pl note, I plan to travel back and forth to India and other countries during this period so the I-94 may keep on changing.

2) If the H1 application is without COS, can I later go to the home country may be in 2010 (India) and re-enter US on a L1B again if I plan not to get the H1B visa stamped?

3) In situation no. 2, does the H1 application get canceled or can it be maintained till 3 years for future COS and H1 transfer possibilities ?

It would be very nice if senior members can provide some guidance on this.

Regards,
optimist

[Subramanya]

Am presently on a L1B with co A till 2010 but am planning to shift the status to a H1B with co B this year in the 2009-10 quota. I would request your guidance on the below:

1) If I file a H1B without COS, can I continue with my present employer co A and the present status L1B even after Oct 1 2009 ? Pl note, I plan to travel back and forth to India and other countries during this period so the I-94 may keep on changing.

---- NO, Your status changes to H1 and if you do not have COS, you have to go out of US, get H1 stamped and then enter US on H1 as your status has already changed

2) If the H1 application is without COS, can I later go to the home country may be in 2010 (India) and re-enter US on a L1B again if I plan not to get the H1B visa stamped?

---- Your plan seems to be to hang on to H1 and use it as a last resort in case anything happens and till then you want to continue on L1, irrespective of whether you want to travel overseas or not. this cannot happen as you have to start working on H1, once you get it and of course with a H1 visa stamped on your Passport and a I-94 issued issued at a POE

3) In situation no. 2, does the H1 application get canceled or can it be maintained till 3 years for future COS and H1 transfer possibilities ?

---- No, it does not get cancelled, unless revoked by the employer. It will be on your name for a period of 6 years

---- Think of it. Why would an employer apply for H1 for you and then wait eternally for your to join them whenever you wish to. You may wating their money and the H1 also. Another desrving candidate might as welll get it and serve the company more successfully

Subramanya

[optimist]

Thank you for your reply sabramanya..

I had learned that if a L1 candidate files for an H1 without COS, he/she can continue working with the existing employer / status even beyond Oct 01 without leaving the country. If and when the candidate then wants to start working on the H status, he / she needs to go to the referred consulate in the petition and get the new H1 visa stamped before coming back and start working on the new visa / status / I94.

If you are sure that a H1 petition filed without COS discontinues working on L1, please let me know. It would help me a lot to decide.. Appreciate your time and replies..

Regards,

[optimist]

l1 to h1 w/o COS - can continue aftr 10/01

I just called and reconfirmed with the company sponsoring my H1 without COS and they said I can continue on L1 status beyond Oct 01 09 but whenever want to shift on H1B, I need to go to the home country and the consulate referred and get the new H1 stamped..

pl guide...

regards

[txh1b]

I would not believe it unless I see the I797B. Employer will say anything especially if they belong to the category of consulting with south asian origin.

[Subramanya]

I just called and reconfirmed with the company sponsoring my H1 without COS and they said I can continue on L1 status beyond Oct 01 09 but whenever want to shift on H1B, I need to go to the home country and the consulate referred and get the new H1 stamped..

---- It is not the employer's opinion that counts. It is your career and I would advise you consult a qualified and knowledgeable legal attorney for immigration matters to be clear on this issue

Subramanya

[optimist]

thanks both members for the reply..

i'll try and contact an attorney and check with them..

regards,
optimist

[txh1b]

Attorney cannot do much unless they see the way the H1b was approved. Otherwise, you just have to travel and come back on your current status and obtain a new I-94. This will void any COS.

[optimist]

Thanks for the guidance txh1b..

but in my case, i cant tell you what the I797B says as the H1 is not even filed yet.. am seeking the guidance so that I can plan and file accordingly...

The intention is to continue on L1 till early next year, then shift on the H status starting Jan-Feb 2010... If this is to be done while I am in the US and want to continue with the existing L status till that period, in what manner should the petition be filed .. ? without COS, right ?

Once again, thanks for ur answers and do let me know about this one...

[txh1b]

.. am seeking the guidance so that I can plan and file accordingly...
...

If the question is hypothetical in nature, please mention it.

Just don't submit a copy of the I-94 for H1b filing. No COS is possible without a copy of the I-94.

Simple and easy!

[sarah_n78]

To avoid any problems with COS, while filing H1, please do not give a copy of your I94 even if the employer asks you to submit it.
We have faced grave problems with COS .

[optimist]

Thanks guys... I did mention in my first post that I am planning to shift this year and the application therefore is not yet filed.. Am seeking your guidance to face any consequences in the future...

Now I understand that if I dont not submit my existing I 94 while the H1 petition this year, COS cannot be requested by the employer and therefore I will be able to continue on L1 beyond Oct 1 2009 and also will be able to travel in and out of US meanwhile the processing is going on... Am I understanding this scenario correctly ??

Pl guide seniors...

Thanx and Best Regards,
Optimist

[optimist]

can some senior confirm if what i understood in my last message is correct...

highly appreciate ur time...

[txh1b]

correct

[optimist]

thank you txh1b for ur valuable inputs...

regards