L1 to H1 COS to old company ....Best Option among two

[kattu786]

Hi ,

I am working with Company A who is my L1 employer....I applied for COS to H1 through company B and got it approved on 28th Nov.Since I have to serve 3 weeks notice I am in still with company A and after that I will leave.I know I am out of status.

I still am interested to wok for Company A as they have tried to stop me by giving nice package including GC.

I know its past my COS date but can I try leapfrog....I also have the option of joining B and then getting the H1 transferred to A.Do you think that 3 weeks out of status can create problems in H1 transfer..

What option is better...Going back to India or Canada and coming with a new I-94 or joining Company B and getting the H1 transferred to A.

If I decide to move out of the country will it be fine if I just dump I-94 attached with my Passport.I don;t have the one that came with H-1 approval...They both carry the same number....

Quick response is appreciated

[shervin143]

I know its past my COS date but can I try leapfrog....I also have the option of joining B and then getting the H1 transferred to A.Do you think that 3 weeks out of status can create problems in H1 transfer..
>>> It can cause issues. You are not just out of status. Yuor employment with L1 employer is illegal.

What option is better...Going back to India or Canada and coming with a new I-94 or joining Company B and getting the H1 transferred to A.
>>> The easiest option is to leave the country and return back in L1 visa.

If I decide to move out of the country will it be fine if I just dump I-94 attached with my Passport.I don;t have the one that came with H-1 approval...They both carry the same number....
>>> You need to return all your I-94s. Otherwise there will not be proper exit record against the I-94s that you don't return.

[kattu786]

I know its past my COS date but can I try leapfrog....I also have the option of joining B and then getting the H1 transferred to A.Do you think that 3 weeks out of status can create problems in H1 transfer..
>>> It can cause issues. You are not just out of status. Yuor employment with L1 employer is illegal.

What option is better...Going back to India or Canada and coming with a new I-94 or joining Company B and getting the H1 transferred to A.
>>> The easiest option is to leave the country and return back in L1 visa.

If I decide to move out of the country will it be fine if I just dump I-94 attached with my Passport.I don;t have the one that came with H-1 approval...They both carry the same number....
>>> You need to return all your I-94s. Otherwise there will not be proper exit record against the I-94s that you don't return.

Thanks sherwin...

Well you said that the easiest option is to leave the country and return on L1 visa.In that case I would not be able to return both the I-94s (well they both carry the same number)........as I have not joined my H1 employer. (I don;t have that).......I am planning to join him on 16th......

Do you still think its safe to go to canada or India or just join the new employer and get the H1 transferred to the old employer....

[kattu786]

Thanks sherwin...

Well you said that the easiest option is to leave the country and return on L1 visa.In that case I would not be able to return both the I-94s (well they both carry the same number)........as I have not joined my H1 employer. (I don;t have that).......I am planning to join him on 16th......

Do you still think its safe to go to canada or India or just join the new employer and get the H1 transferred to the old employer....

Can anybody please reply...

If I am out of status for three weeks and I am travelling to India , do I need a Visa stamping even if I have valid visa...Does out of status automatically cancels all the stamped visa even though they have a future validity date..

[shervin143]

That should not be a problem. if the I-94 numbers are the same, it will get closed when you surrender the one that you have now. After returning back in L1 visa, your current employer can file a COS from L1 to H1B using the CAP from your H1B approval notice. Hope you have a copy of the H1B approval notice to prove that you are already CAP counted.

Thanks sherwin...

Well you said that the easiest option is to leave the country and return on L1 visa.In that case I would not be able to return both the I-94s (well they both carry the same number)........as I have not joined my H1 employer. (I don;t have that).......I am planning to join him on 16th......

Do you still think its safe to go to canada or India or just join the new employer and get the H1 transferred to the old employer....

[shervin143]

No. You can still use the same visa to re-enter. The officer at the POE can take action if they know you were out of status.

Can anybody please reply...

If I am out of status for three weeks and I am travelling to India , do I need a Visa stamping even if I have valid visa...Does out of status automatically cancels all the stamped visa even though they have a future validity date..

[kattu786]

No. You can still use the same visa to re-enter. The officer at the POE can take action if they know you were out of status.

Now I have already shifted to the new employer......I think the only option now left for me is to transfer the H1........I hope that the transfer should not be an issue as during transfer they will look at the current status which would be H1 ?

My understanding is to fix the issue when I go out to India I need to get H1 stamping done and once I enter with the H1 stamping clock set to zero...

I had a word with the lawyer and he says that the agencies can be lenient as it is a minimal violations but you never know......

Correct me If I am wrong..I have to mention each time when I fill the form for Visa stamping...but if go to India and come back then it should not be a problem in i485.....

[kattu786]

That should not be a problem. if the I-94 numbers are the same, it will get closed when you surrender the one that you have now. After returning back in L1 visa, your current employer can file a COS from L1 to H1B using the CAP from your H1B approval notice. Hope you have a copy of the H1B approval notice to prove that you are already CAP counted.

Sorry...I don't have the approval notice........

[shervin143]

You can use the receipt number if you know for sure that receipt number belongs to you.

Sorry...I don't have the approval notice........

[kattu786]

Now I have already shifted to the new employer......I think the only option now left for me is to transfer the H1........I hope that the transfer should not be an issue as during transfer they will look at the current status which would be H1 ?

My understanding is to fix the issue when I go out to India I need to get H1 stamping done and once I enter with the H1 stamping clock set to zero...

I had a word with the lawyer and he says that the agencies can be lenient as it is a minimal violations but you never know......

Correct me If I am wrong..I have to mention each time when I fill the form for Visa stamping...but if go to India and come back then it should not be a problem in i485.....

Any views on this.....I have already shifted to H1 now.....Is my assumtion correct?

[kattu786]

Any views on this.....I have already shifted to H1 now.....Is my assumtion correct?

Sherwin/Senior members,

Can anybody please reply

[shervin143]

What exactly is your question. Put it down clearly. I really don't have time to read the entire thread.

Sherwin/Senior members,

Can anybody please reply

[kattu786]

What exactly is your question. Put it down clearly. I really don't have time to read the entire thread.

Shervin,

To summarise , I was out of status for almost 17 days as I didn't shift for the H1 employer straight way..I was serving NP with the L1 company..I spoke to a lawyer and he suggested that
you can take advantage of something called minimal violation and continue with H1 or get a visa stamp (L1 or H1) for the employer I need to work.

I went with the first option and have joined the H1 employer.Now if I wish to join the old L1 company is H1 transfer a good option.I assume that they just check whether the person is in valid H1 status for the transfer process .

During 485 , they look for the status violation since the last entry to US and that too less than 180 days is waiv ed(245k).So if I go to home country before filing 485 and come back my thinking is there should be any issues.

[shervin143]

It depends on the officer who handles your case. They can certainly overlook it and let it go since the duration is less or never notice it at all. It is very hard to predict. Hopefully it will work as the duration of the out of status is less.

Shervin,

To summarise , I was out of status for almost 17 days as I didn't shift for the H1 employer straight way..I was serving NP with the L1 company..I spoke to a lawyer and he suggested that
you can take advantage of something called minimal violation and continue with H1 or get a visa stamp (L1 or H1) for the employer I need to work.

I went with the first option and have joined the H1 employer.Now if I wish to join the old L1 company is H1 transfer a good option.I assume that they just check whether the person is in valid H1 status for the transfer process .

During 485 , they look for the status violation since the last entry to US and that too less than 180 days is waiv ed(245k).So if I go to home country before filing 485 and come back my thinking is there should be any issues.

[kattu786]

It depends on the officer who handles your case. They can certainly overlook it and let it go since the duration is less or never notice it at all. It is very hard to predict. Hopefully it will work as the duration of the out of status is less.

Shervin.......Correct me if Iam wrong...

There can be 3 scenarios :-

1) H1 transfer gets rejected..I can still work with my old employer provided I have not quit my old employer...Correct ?

2) H1 transfer gets approved with a new I-94..I can shift to the new employer....Correct ?

3) A little confusing....suppose H1 transfer gets approved without new I-94....Do I have the option then to continue with the old employer on basis of old I-94 or is it necesary to go to India and get a Visa stamp and work for the new employer.....