Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

L1 to H4 to H1

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • L1 to H4 to H1

    I have few questions regarding H4.

    Details: I am on L1 B with Company A which expires in July 2011.
    I am planning to quit my job with Company A. I have applied H1 through Company B.

    Question:
    1. Considering the above case, should I travel on the same day of my last working day. Or can I go 1 or 2 days later? If I dont travel on the same day as my last working day, is it considered out of status, though my L1 is valid till end of July 2011?
    2. Will there be any issue for my H1 approval here if I go to India for vacation?
    3. If I get my H1 approval before my L1 expires, can I go to India and come back on H4? If so, will my H1 become active on October 1st automatically?
    4. If I get my H1 approval when I am in India or when I am on H4 status after coming back to US, do I need to apply for CoS again from H4 to H1? Or, will it be active on October 1st automatically?

    Thank you for your help.

  • #2
    Originally posted by sgsgs View Post
    I have few questions regarding H4.

    Details: I am on L1 B with Company A which expires in July 2011.
    I am planning to quit my job with Company A. I have applied H1 through Company B.

    Question:
    1. Considering the above case, should I travel on the same day of my last working day. Or can I go 1 or 2 days later? If I dont travel on the same day as my last working day, is it considered out of status, though my L1 is valid till end of July 2011?
    1 or 2 days is fine.

    2. Will there be any issue for my H1 approval here if I go to India for vacation?
    No.

    3. If I get my H1 approval before my L1 expires, can I go to India and come back on H4? If so, will my H1 become active on October 1st automatically?

    No. Even if H1 is approved with change of status (with I-94 at the bottom), returning on H4 will be your last action and hence your status will be in confusion. Your employer will have to file amendment to change your status to H1.

    4. If I get my H1 approval when I am in India or when I am on H4 status after coming back to US, do I need to apply for CoS again from H4 to H1? Or, will it be active on October 1st automatically?

    Yes, see above. You need to have the latest issued I-94(whether on passport or approval notice) to be of type H1 in order to start working.

    Thank you for your help.
    This is a complicated matter. You may want to take help from an attorney.
    This is my opinion and not legal advice.

    Comment

    {{modal[0].title}}

    X

    {{modal[0].content}}

    {{promo.content}}

    Working...
    X