information help for status change from L1B to H1B

[h12009]

Hi,
I am on L1 since 2 years. I applied for H1 throug another employer and last month and got approved. My H1 effective date started from Oct 16th. But Still i am working on L1.

My queries.

1) Is it legal to work on L1 now as my H1 visa effective started from oct16h?

2) My wife is on L2 and she has EAD. I didn't apply for her H4 yet. Her L2 VISA and EAD are
still valid?

3) What i can do to continue on L1 and hold H1 approval? I want to move to H1 in May 2010.

4) Does this effect my H1 VISA stamping from INDIA? I am planing to go to INDIA in May and get it
stamped.

Please Clarify my doubts. What are the options i have now?

[shervin143]

1) Is it legal to work on L1 now as my H1 visa effective started from oct16h?

>>>>> No. it is illegal since your status has changed from L1 to H1B effective Oct 16th.


2) My wife is on L2 and she has EAD. I didn't apply for her H4 yet. Her L2 VISA and EAD are still valid?

>>>>> No. Her L2 status and EAD depends on your L1 which is no longer valid. So if she is not in H4 now, then she is out of status. If she is still working on her L2 EAD, then that is illegal.


3) What i can do to continue on L1 and hold H1 approval? I want to move to H1 in May 2010.

>>>>> Leave the country immediately and re-enter in your L1 visa (assuming your L1 visa is still valid. If not, you need to get it stamped). Your H1B petition still remains valid. So in May 2010, you can apply for a COS to H1B or go out of the country and get it stamped and re-enter in H1B.


4) Does this effect my H1 VISA stamping from INDIA? I am planing to go to INDIA in May and get it stamped.

>>>>> May be. Hard to predict.

[h12009]

Hi
Thank you for reply.
If i leave the country now. While coming back , immigration won't aware of that my visa status change?

[shervin143]

Carry the employment verification letter, client letter and latest pay stubs along with the L1 visa related documents and you should be good.