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L1B to H1B with COS

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  • L1B to H1B with COS

    I am with company X on L1b which is valid till Nov 2020. I applied for H1B from Company B (COS) in April 2018 which got approved in jan 16th, 2020.
    I need to leave US and go to some other country due to family reason. So, can I leave US and come back on L1-B?
    I will get the approval notice in 2-3 days and I have to leave in a day.
    I do not want to join Company -B at the moment as My current employer is ready to transfer my H1B as they dont want to loose me.
    please advise.

  • #2
    This is much more complex than you think.

    1. Since, you have applied H1B as COS (Change of Status). So, now you are on H1B status with employer as Company B (as soon as change of status petition is approved, your visa status gets triggered.). Well, the bigger problem is - that you cannot work with employer B right now as your H1B has already triggered (after Jan, 16, 2020).

    2. You should tell this update to your both employers (B and X) because X cannot keep you employed on L1B anymore. And I am not sure you or employer B have reached out to each other.

    3. Reach out to Employer B and work with them to ensure they can give you employment for a month or so. Use those 2 paychecks for getting your H1B transferred.

    Note: I am not sure if you can get your H1B transferred to employer X without any paychecks from employer B.

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