H1 Approved with COS-Need to go to India

[bala_tee]

Hi,

I work for Indian Company A in L1B since march 2010 for Client A and got my H1B approved COS from Company B for same Client A. Company B is asking for start date. I plan to go India for a vaccation before joining Company B. Can you please answer the below questions.

1) My H1 B is approved with COS and I-94 on Dec 21 and valid from 2010 Dec till 2013. If I go to India and appear for H1B visa stamping before joining Company B will there any be issue in getting stamping?
2) I am planning to go for stamping in February in India , will it be a problem to have a gap of 2 months from date of H1B approval, Also I won't have any pay slips from Comp B to show during visa interview, will my L1 Pay slips be sufficient?

Any quick reply is really appreciated.

Thanks,

[bala_tee]

Shervin, Can u please help , I need some direction please.

[txh1b]

Once H1b is approved with a COS, you cannot work for L1 employer. It is illegal employment.
Read

http://www.immihelp.com/forum/showthread.php?t=60839

[bala_tee]

Thanks TxH1b, this is a tricky situation for me.

My L1B employer wants me to stay in a notice period for 30 days since they run their pay roll both in India and as well as a allowance here. I may not get my full and final settlement from them if I quit now.

Do you think I should immediately move to India and get stamping there or can I just change the job H1B employer and stay in their pay roll for some time and then travel for vaccation?

My L1 is valid until 2013, and my H1B with COS is valid from Dec22 2010 till Nov2013.

Thanks

[bala_tee]

Hi ....I consulted with a Immigration Attorney and sharing the info for the benefit of others:
L1-H1B COS, you got 30days to join your H1B employer until then you are not considered as Out of Status and in between you can Legally stay there.

If you want to maintain L1 status then you need to do a leap frog , go abroad and come back to US.

If one want to go back to India to resign from L1 employer ( provided if your employment letter insist that) , travel to Home country before 30 days and come back with H1B stamped in your passport.

NOTE: Please consult a Attorney for your case and use this information at your own risk.

[shervin143]

L1-H1B COS, you got 30days to join your H1B employer until then you are not considered as Out of Status and in between you can Legally stay there.
>>> This information is totally wrong. Ask your attorney to show documents supporting this statement. You need to be employed with the H1B employer from day 1 on H1B, otherwise you will be considered out of status on H1B and the consulate can easily catch that when they look at your W2 for that year. This could cause issues with your future stamping and GC process.

[bala_tee]

Shervin, what do u suggest in this case? My H1B employer is a reputed consultant firm and my client is a leading Telecom company. Do you think traveling to India and coming back with H1B stamping with the current approved petition will help?

In case of visa rejection can I travel back in my L1?

[txh1b]

L1-H1B COS, you got 30days to join your H1B employer until then you are not considered as Out of Status and in between you can Legally stay there.
>>> This information is totally wrong. Ask your attorney to show documents supporting this statement. You need to be employed with the H1B employer from day 1 on H1B, otherwise you will be considered out of status on H1B and the consulate can easily catch that when they look at your W2 for that year. This could cause issues with your future stamping and GC process.

The attorney is using the DOL condition that employment should begin within 30 days and 60 days for people coming out of the country. But that is not the USCIS condition/law. Many bad employers quote this and try to not pay employees or say it is okay to join late.

[bala_tee]

Can you suggest a best way to handle this situation. I am already working for L1 for 20-25 days after H1B approval and have a signed contract with L1 to return to India to complete relieving formalities. What's the best thing to do to fix the damages that I might have caused ?

[shervin143]

Since your H1B is approved as a COS, your employment with the L1 employer is illegal now. Either join the H1B employer immediately or leave the country immediatley (Finish all your exit formalities with the L1 employer) and return back on the H1B visa.

Most likely your L1 visa will be cancelled when you go for the H1B stamping. If you want to continue working for the L1 employer, then leave the country and return back on L1 visa.

[raaz.rai]

Hi,

I work for Indian Company A in L1B since march 2010 for Client A and got my H1B approved COS from Company B for same Client A. Company B is asking for start date. I plan to go India for a vaccation before joining Company B. Can you please answer the below questions.

1) My H1 B is approved with COS and I-94 on Dec 21 and valid from 2010 Dec till 2013. If I go to India and appear for H1B visa stamping before joining Company B will there any be issue in getting stamping?
2) I am planning to go for stamping in February in India , will it be a problem to have a gap of 2 months from date of H1B approval, Also I won't have any pay slips from Comp B to show during visa interview, will my L1 Pay slips be sufficient?

Any quick reply is really appreciated.

Thanks,

HI Bala,

Please help, Can you Please tell me about case what happened and what direction you choosen.

I am in the same boat currently, Can u please help me by answering my question.

Currently i am in US and My H1 is Approved in dec 2012 and got my I-797 with new I-94.
My L1 is valid till April 2013 and i need to travel urgently India on Jan 2013 and Come back in Feb 2013.

My Question is Can i am able to come back on L1? if yes than what happned to my H1 status, can i again apply COS to H1?

Appreciate your help in advance.