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Visa getting over ..!- H1 transfer issues

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  • Visa getting over ..!- H1 transfer issues

    Hi - My current visa - L1 visa getting over by Jun 27. I got an employer who is ready to transfer my approved H1b ( consular petition ) .The issue is new employer is saying there is a high chance the approval won't reach me by June 27

    1. Since my L1 I-94/visa is expiring ,is it legal to stay and work for my new employer once they file my H1b and get a recipt. Should I need to wait for my approval to start the work ( remember it's an L1 -H1 ) transfer. Why happens if I get an RFE

    2. If my current employer applies for an amendment normally how long it takes? In case it's nots approved by that time ,will my stay going to be illegal.

    3. My consular petition says chennai. Can I go to canada for stamping. Will this cause any issues

    Thanks
    Last edited by summerpolice; 05-26-2011, 08:22 PM. Reason: Add one more question

  • #2
    1. Since my L1 I-94/visa is expiring ,is it legal to stay and work for my new employer once they file my H1b and get a recipt. Should I need to wait for my approval to start the work ( remember it's an L1 -H1 ) transfer. Why happens if I get an RFE
    >>> Until the H1B gets approved as a change of status (with new I-94) you cannot work for the H1B employer. Your status should change from L1 to H1B for you to work for the H1B sponsor.

    2. If my current employer applies for an amendment normally how long it takes? In case it's nots approved by that time ,will my stay going to be illegal.
    >>> There is no amendment in your case. It has to be a COS. It takes 2-3 months by normal process and 15 days by premium.

    3. My consular petition says chennai. Can I go to canada for stamping. Will this cause any issues
    >>> Are you saying that you are going back to work for the employer who sponsored your existing H1B petition (The one that you have right now which I am assuming is still valid). If that job still exists and if the employer is ready to provide you all the documentation, then you can attend the visa interview. If it is your first time H1B stamping, then it should be from your home country.
    Not a legal advice. Use of this information is strictly at your own risk.

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